Castronovo & McKinney, LLC represents military personnel and veterans in Weymouth Township, NJ, who have been wrongfully terminated because of their military service or status. If your employer fired you due to your service in the armed forces, you may have legal protections under federal and New Jersey law. Our attorneys help employees protect their rights and pursue compensation for unlawful termination.
Legal Protections for Military Personnel and Veterans
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects military members, veterans, and individuals applying to join the armed forces from workplace discrimination. USERRA applies to employers of all sizes and covers service in the Army, Navy, Marine Corps, Air Force, Coast Guard, National Guard, and Reserve components.
Key USERRA Protections
- The right to take unpaid leave for military service.
- Reinstatement to the same or an equivalent position with the seniority, pay, and benefits you would have earned.
- Protection against wrongful termination after returning to work.
- Protection from discrimination based on past, present, or future military service.
Who Qualifies for USERRA Protection?
To qualify for USERRA protections, you generally must:
- Have civilian employment.
- Provide advance notice to your employer before military service when possible.
- Serve for a cumulative period of five years or less, with certain exceptions.
- Receive a qualifying discharge from military service.
Returning to Work After Military Service
USERRA requires employees to request reinstatement within specific timeframes after completing military service:
- Service of up to 30 days: Report to work on the next scheduled workday following safe travel and adequate rest.
- Service of 31 to 180 days: Request reinstatement within 14 days of returning.
- Service of more than 180 days: Request reinstatement within 90 days of returning.
If you qualify for reinstatement, your employer must return you to the position you would have held had your employment not been interrupted, including any raises, promotions, seniority, and benefits you would have earned.
Protection Against Wrongful Termination After Reinstatement
USERRA also protects employees from being terminated without cause after they return to work:
- One year of protection following military service lasting more than 180 days.
- Six months of protection following military service lasting between 31 and 180 days.
Employers must have legitimate, non-discriminatory reasons—such as misconduct or documented policy violations—to terminate a protected employee. Employers are also prohibited from retaliating against employees who exercise their rights under USERRA.
New Jersey Protections for Service Members
The New Jersey Law Against Discrimination (NJLAD) provides additional protections for military personnel and veterans. Employers are generally required to reinstate returning service members to their previous position or a comparable role unless legitimate business circumstances make that impossible. If the original position is unavailable, the employer must offer a qualified comparable position.
Employees generally must request reinstatement within 90 days after returning from military service. New Jersey law also prohibits employers from terminating reinstated employees without just cause during the first year after they return to work.
How Castronovo & McKinney, LLC Can Help
If you were wrongfully terminated because of your military service, Castronovo & McKinney, LLC can evaluate your claim and pursue the compensation you may be entitled to recover, including:
- Lost wages, bonuses, and vacation pay.
- Lost employment benefits, including health insurance.
- Compensation for damage to your professional reputation.
- Pain, suffering, and emotional distress.
- Attorney’s fees and litigation costs when permitted by law.
Many employment disputes are resolved through settlement, but we are prepared to take your case to court when necessary to protect your rights and hold employers accountable.
Contact Castronovo & McKinney, LLC
If you believe your employer wrongfully terminated you because of your military service in Weymouth Township, NJ, contact Castronovo & McKinney, LLC to discuss your legal options. We represent employees throughout New Jersey in military discrimination and wrongful termination cases.
