New Jersey Military Service Discrimination Lawyers

Military service is one of the most difficult and honored services regardless of which branch of the armed forces people serve – Army, Navy, Air Force, Marine Corps or Coast Guard.  Because of the sacrifices and risks that our men and women of the military endure on a daily basis for our country, it is our duty to protect the members of these distinguished services from discrimination.

The attorneys of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. have six decades of experience fighting for the rights of their clients in the military who have been subjected to discrimination due to their service.

Depending on the circumstances, a claimant may receive lost wages and benefits in addition to compensation for emotional distress and any pain or humiliation suffered as a result of the discriminatory action.  Employers may also be required to change its practices and/or pay penalties for its unlawful conduct.

Discrimination against active military personnel is prohibited by federal and New Jersey law

Both the federal government and the state of New Jersey have enacted several laws to protect members of the armed forces. Two notable federal statutes are Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Family and Medical Leave Act (FMLA).

USERRA Provisions

The USERRA is a very comprehensive statute that protects the veterans and members of the armed forces from adverse employment actions because of their status as same.

It prohibits a range of adverse employment actions such as:

  • Hiring or laying off
  • Forcing to resign
  • Workplace harassment
  • Underpayment
  • Demotion
  • Etc.

The USERRA further provides protection to employees that are called for duty. It prohibits firing employees who are called into active military service, as well as the right to be reinstated to the position they held at that time.  Such employees are also entitled to any promotions, pay increases, or other perks they would have received had they not been called into active duty. If the job description after such promotion requires skills that the deployed individual is not familiar with because of the military duty, then they must be provided with proper training by the employer.

The statute also protects the right to receive employer sponsored health insurance coverage for up to two years in deployment, as well as up to five years of time away, on duty, from employment.

Apart from USERRA, the Family and Medical Leave Act and the New Jersey Law Against Discrimination also provide for certain protections for active military personnel and veterans.

The FMLA provides for leave of up to 26 weeks to take care of a spouse, child or parent who has been injured in the line of duty. The New Jersey Law Against Discrimination also extends similar protection to veterans and members or armed forces. It prohibits employers from refusing to grant leave due to a military call to duty, with some important exceptions.

Physical Disability Discrimination Against Veterans is Prohibited

Vietnam Era Veterans Readjustment Assistance Act and the Law Against Discrimination prohibits any discrimination against a veteran who has suffered an injury which has rendered him or her physically disabled (mental disability is also covered to some extent). It requires the employer to make arrangements that enables the physically disabled person to perform his duties properly, provided that the arrangement shall not pose an excessive burden on the employer.

Contact New Jersey Military Service Discrimination Lawyers

The New Jersey employment lawyers at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. can help you recover damages if you have been discriminated against because of your military status.  Because of the limited time frame for filing suit for such cases, it is important that you contact us as soon as possible to discuss your case at (908) 561-5577. Contact us online or call us 24/7, and your initial consultation is free.  We will guide you through the complete legal process, explain the various legal options available, and help you to get justice.

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