Castronovo & McKinney, LLC represents military service members and veterans in Somers Point, NJ, who were wrongfully terminated because of their military obligations or veteran status. If your employer denied military leave, refused to reinstate you after active duty, or fired you because of your service, our attorneys are prepared to protect your rights.
Military employees are protected under both federal and New Jersey law. Employers cannot punish workers for serving in the military, attending required training, or exercising their legal rights after returning from service. If you lost your job after deployment or experienced retaliation tied to your military status, you may have grounds for a wrongful termination claim.
Understanding USERRA Protections for Military Employees
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects military service members and veterans from workplace discrimination and unlawful termination. The law applies to virtually all employers and covers individuals serving in the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and military reserves.
Under USERRA, eligible employees have the right to:
- Take unpaid leave for military service or training
- Return to their position with the same pay, benefits, and seniority
- Remain protected from termination without cause for a designated period after reinstatement
- Pursue legal action if an employer violates their rights
To qualify for protection under USERRA, employees generally must:
- Hold a civilian job before military service
- Provide advance notice to their employer when possible
- Serve for five years or less in cumulative military leave with that employer
- Receive an honorable discharge
- Timely apply for reinstatement after completing service
The timeline for returning to work depends on the length of military service:
- Service of 30 days or less: report back on the next scheduled workday
- Service of 31 to 180 days: apply for reinstatement within 14 days
- Service of 181 days or more: apply within 90 days after service ends
Employers must generally restore returning employees to the position they would have held if their employment had not been interrupted by military service. This includes promotions, raises, seniority, and other employment benefits the employee would likely have earned.
Protection Against Wrongful Termination After Military Leave
New Jersey is an at-will employment state, but employers cannot terminate military employees in violation of federal or state law. Under USERRA, reinstated employees receive additional protection against termination without cause for:
- One year after returning from service lasting 181 days or more
- Six months after returning from service lasting between 31 and 180 days
Employers may only terminate reinstated employees for legitimate reasons, such as documented misconduct or policy violations. They cannot use military obligations or veteran status as the basis for discipline, demotion, denial of promotion, or termination.
USERRA also prohibits retaliation against employees who request military leave, file complaints, testify in legal proceedings, or otherwise exercise their rights under the law.
New Jersey Military Leave Protections
The New Jersey Law Against Discrimination (NJLAD) also protects military service members and veterans from employment discrimination. Employers must allow eligible employees to take military leave and reinstate them to the same or a comparable position upon return from service when possible.
If the prior position is unavailable, employers may be required to place the employee in another available role for which they are qualified. Returning employees must generally apply for reinstatement within 90 days after completing service.
New Jersey law also prohibits employers from terminating reinstated military employees without cause during the protected period following their return.
How Castronovo & McKinney Can Help
If your employer violated your rights after military service, our attorneys can investigate your claim, gather evidence, negotiate with your employer, and pursue litigation when necessary. We represent military employees and veterans in Somers Point and throughout New Jersey in wrongful termination and employment discrimination matters.
Depending on the circumstances of your case, you may be entitled to compensation for:
- Lost wages and future earnings
- Lost bonuses, commissions, and vacation pay
- Lost employment benefits and insurance coverage
- Emotional distress
- Damage to your professional reputation
- Attorney fees and litigation costs
While many cases resolve through settlement negotiations, our firm is fully prepared to take cases to trial when employers refuse to comply with the law.
Contact Our New Jersey Wrongful Termination Attorneys
Military service members and veterans should not face retaliation or job loss because of their service commitments. Castronovo & McKinney, LLC represents employees in Somers Point, NJ, and throughout New Jersey who were wrongfully terminated or discriminated against because of military status or military leave.
Contact our office today to discuss your legal options with an experienced employment attorney.