United States soldiers risk life and limb so that we may enjoy the freedom to live the life we live without fear. It is, thus, a privilege for us to assist any soldier in time of need. We currently represent a former United States Marine Corp. soldier in the Appellate Division of the Superior Court of New Jersey with respect to denial of employment based on active duty injuries.

Our client, a former female United States Marine Corp. soldier applied for a position as a corrections officer with the New Jersey Department of Corrections. As part of that process, she was sent for a psychological exam conducted by the Department of Corrections (DOC).  Based on that exam, the DOC psychologist concluded that she was “psychologically unfit for duty” due to a psychological condition she suffered while serving in Afghanistan and elsewhere.

We appealed the denial to the Civil Service Commission Board of Review. The Board sided with the DOC and sustained the decision. We thus appealed the denial to the Appellate Division of the Superior Court, pro bono, without charge or fees.

We believe that the Board’s decision was erroneous based on an administrative rule which states that an injury suffered by a  United States soldier  in active duty shall not be grounds for disqualification for public employment unless the injury is deemed “incapacitating. We do not believe our client’s injury was “incapacitating” nor was there any findings that such was the case. We are hopeful that the Appellate Division would overturn this wrongful decision and permit our client to resume her employment as a corrections officer.

CategoryCases

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