Employers are not allowed to wrongfully terminate an employee. Pennsylvania follows the doctrine of employment at will. This means that employers and employees are allowed to terminate their relationship at any time and for any reason. However, they cannot do so in a manner that is unlawful. Employees are protected from wrongful termination through state and federal laws as well as public policy.
There are various reasons why a termination might be considered wrongful.
- Breach of Employment Contract
- Violation of Public Policy
When a contract is in place, an employer must follow the terms regarding termination. The contract should provide details regarding how and why a termination can take place. Contracts do not need to be written to be in effect.
An employee has the legal right to file a workers’ comp claim, file an EEOC complaint, or blow the whistle on illegal activities. An employer cannot fire an employee in retaliation for taking part in any of these actions. An employee is legally protected from retaliation, including wrongful termination.
Additionally, an employer can not fire someone based on discrimination such as on the basis of race, gender, age, disability, pregnancy, or sexual orientation. These protections are afforded to all citizens as part of the Equal Employment Opportunity Commission, EEOC. The EEOC covers employers with 15 or more employees. They have headquarters in Washington, D.C., and offices in every state in the United States. The EEOC is allowed to investigate and resolve claims of discrimination.
Wrongful Termination Attorneys in Pennsylvania
Employers must follow the law when they discharge an employee. If you were wrongfully terminated, you may be able to file a lawsuit against your employer. You need to protect your rights. In Pennsylvania, courts have held that employers cannot terminate employment because of retaliation, discrimination, or violation of public policy.
Wrongful termination can be complex. It is necessary to properly make a claim based on the facts of your particular case. A Pennsylvania employment attorney will evaluate your case and help gather the evidence you need to file a lawsuit. These types of cases can be complicated and they require you to prove that your termination was done unlawfully. An investigation may need to be done to resolve the dispute in a fair manner.
Your attorney will vigorously defend your position and protect your rights to reach a favorable resolution. Sometimes negotiation is necessary to bring a fair result while other times the matter may need to be brought to court. You can obtain justice for your wrongful firing.
HKM Employment Attorneys understands the importance of employee rights. We work hard to protect the rights of our clients and to ensure that they are treated properly by their former employers. You may be owed money for your lost wages and the company could be responsible for payment of fines if they are found to have done something illegal.
Our team is here to answer your questions and guide you through the legal process to help you get any compensation that you are owed due to your illegal firing. Contact the experienced legal team at HKM Employment Attorneys, to schedule a consultation today.