NJ Military Status Discrimination Lawyer

Attorneys Serving Clients in New Jersey

Many people who proudly serve in the United States armed forces work other jobs or later go on to seek employment outside of the military. It is an unfortunate reality, however, that many current and prior service members are not treated with respect but instead face disdain in the workplace due to their involvement with the military. If you serve or served in the armed forces and subsequently faced discrimination or harassment in the workplace due to your military service, it is advisable to consult a lawyer to determine your rights. We help former service members fight to protect their rights, and we will vigorously advocate in your favor to help you pursue any damages you may be owed.

The Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that bars employers from discriminating against an employee based on the employee’s service in the United States uniformed services. Under the USERRA uniformed services include the Navy, Army, Marine Corps, Coast Guard, Air Force, Army National Guard, Air National Guard, and the commissioned corps of the Public Health Service.

The USERRA protects not only prior, current, and future service members, but also those that have applied to be members of the armed forces or who are obligated to serve in the military, from adverse action in the workplace based on their military status. To learn more about protection coverage, contact a military status discrimination lawyer serving New Jersey. Adverse employment actions may include the denial of initial employment following military service, as well as the denial of a promotion, job retention, or job benefits. Notably, unlike other discrimination statutes, the USERRA applies to all employers, regardless of the number of people they employ.

Moreover, the USERRA provides that a civilian employer must re-employ a person who left his or her employment to serve in the uniformed services under certain circumstances. To be eligible for re-employment, the person must provide the employer with proper notice of his or her service or prove that giving notice was impossible, the period of service must not exceed five years, and the person must not have been dishonorably discharged or made to leave the military as a punishment. Additionally, there are time limitations for when a person may apply for re-employment.

Other Laws that Protect Service Members

The Family and Medical Leave Act (FMLA) grants certain employees the right to take up to 26 weeks of leave to care for a spouse or next of kin that suffered serious injuries while serving in the military. A military status discrimination attorney serving New Jersey can assist you in also understanding other laws that project service members. Further, the FMLA provides that employers that fall under the FMLA must allow employees to take up to 12 weeks of leave when a parent, spouse, or child in the Reserves or National Guard is deployed. In addition to federal law, the New Jersey Law Against Discrimination also protects employees from discrimination based on their military service.

Employees who have been victimized due to their military status in violation of state or federal laws may bring discrimination claims against their employers. Generally, a person pursuing such claims must prove that the employer treated the person adversely due to his or her status as a member of the uniformed services, and not due to a non-discriminatory reason. If a person’s claims are successful, he or she may recover compensation for lost wages and benefits. In some cases, the person may be granted lawyers’ fees, punitive damages, and other damages as well.