Protection Against Wrongful Termination for Military Employees in Union County, NJ
Military service members and veterans are protected from wrongful termination under both federal and New Jersey laws. If you’ve been denied time off for military service or terminated without cause after returning from active duty, Castronovo & McKinney, LLC can help. We represent military personnel and veterans in Union County, NJ, ensuring that your rights are upheld after unfair treatment by an employer.
Legal Support for Military Service Members
If your employer fired you due to your military service or veteran status, you may have a wrongful termination case. Castronovo & McKinney, LLC is committed to protecting your rights and holding employers accountable for unlawful actions.
Federal Protections for Military Employees
The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against military employees, veterans, and applicants. USERRA applies to most employers and covers all active duty, training, or service in any branch of the military. It guarantees the following rights:
- Unpaid leave for military service
- Job reinstatement with the same benefits and seniority
- Protection against termination without cause during a specified period after service ends
USERRA Eligibility
To be eligible for USERRA protection, you must meet these criteria:
- Be employed in a civilian job
- Provide reasonable notice of your military service
- Be absent for no more than five years
- Receive an honorable discharge
- Apply for reinstatement within a specified time frame
Reinstatement Deadlines
Depending on the length of your military service, there are specific deadlines for applying for job reinstatement:
- Service of 30 days or less: Apply on the next scheduled workday
- Service of 31 to 180 days: Apply within 14 days after service ends
- Service of 181 days or more: Apply within 90 days of service end
Your employer must reinstate you to the same position, with the same pay, rank, and seniority, unless it’s an undue hardship on the employer. Additionally, you are entitled to any raises, promotions, or benefits earned during your absence.
Temporary Job Protection
Although New Jersey is an at-will employment state, USERRA provides temporary job protection for military employees:
- Service of 181 days or more: Cannot be fired without cause for one year
- Service of 31 to 180 days: Cannot be fired without cause for six months
New Jersey Law Against Discrimination (NJLAD)
The NJLAD provides additional protections for military service members. Under NJLAD, employers must allow employees to take unpaid leave for active duty in the U.S. or state military. Upon return, employees must be reinstated to their original or similar position, unless it’s impossible or unreasonable. If reinstatement isn’t feasible, the employer must offer an equivalent position. Like USERRA, NJLAD prohibits firing an employee without cause for one year after they return to work.
How Castronovo & McKinney, LLC Can Help
If you’ve been wrongfully terminated after returning from military service, Castronovo & McKinney, LLC will work to ensure that your rights are protected. Our firm will assist you in seeking compensation for:
- Lost wages
- Lost bonuses and vacation pay
- Lost benefits (e.g., health insurance)
- Reputational harm
- Pain and suffering
- Emotional distress
- Attorney fees and court costs
While many cases settle, we are fully prepared to take your case to trial to secure the compensation you deserve.
Contact Castronovo & McKinney, LLC for a Consultation
If you believe you’ve been wrongfully terminated due to your military status, we are here to help. Castronovo & McKinney, LLC advocates for military service members and veterans throughout Union County, NJ, in wrongful termination cases. Contact us today for a consultation and let us fight for your rights.