What is Considered Wrongful Termination in the Commonwealth of Pennsylvania?
Wrongful termination in Pennsylvania occurs when an employee is let go from their position for an unlawful reason. Commonly, this can involve situations in which an employee is terminated because of their membership in a protected class, such as race, gender, religion or national origin. If you are a member of a protected class and feel that you have been terminated because of that status, it is wise to seek professional legal counsel from an employment attorney for guidance.
In addition, you cannot be terminated because of your age as a worker over the age of 40. Under the Age Discrimination in Employment Act (ADEA), workers are protected against unjustified termination due to their age, and companies are not allowed to target older workers for dismissal.
Another type of wrongful termination involves instances of retaliation in which an employer fires someone who has exercised legal rights in the workplace such as filing a complaint regarding workplace conditions or discrimination . If an employee files a report under the Occupational Safety & Health Administration (OSHA) or the Palmerson-Fitzgerald Act, they are protected from retaliation by the client company. In addition, employees who file a report to the Equal Employment Opportunity Commission (EEOC) regarding workplace issues including harassment and discrimination are protected from retaliation.
Furthermore, wrongful termination can also involve instances in which you have a contract spelling out specific terms of your employment. As such, if you have a contract with your employer and have been terminated for reasons other than those outlined in the contract, such as being fired for cause, you may have grounds for a termination case.
If you believe that you may have grounds for a wrongful termination claim in Pennsylvania, please contact us today for a consultation.
At Will Employment and Exceptions
An exception to Pennsylvania’s at-will employment doctrine is a contract that provides for a specific term of employment such as one year. If a contract of employment exists, neither the employee nor the employer may terminate the employment relationship prior to the end of the contract term.
Another exception to the at-will employment doctrine is an employer’s bad faith failure to exercise its discretion under policy statements. The Pennsylvania Supreme Court recognizes an implied limitation on an employer’s right to terminate an employee.
A third exception to Pennsylvania’s at-will employment doctrine occurs when the discharge is based on an employee’s assertion of a recognized public policy. The United States District Court in Pennsylvania has stated that "the public policy exception is one of the most controversial areas of Pennsylvania employment law." The public policy exception protects employees against discharge where the act of termination creates a specific conflict with a clear mandate of public policy.
Statutory exceptions (such as federal, state, and municipal anti-discrimination laws) also prohibit employers from terminating employees for certain prohibited reasons. An employee’s discharge on the basis of race, color, religion, age, sex, national origin, disability, or in response to the employee’s request for FMLA leave is an example.
Legal Protections Against Discrimination
Pennsylvania, like the rest of the country, offers legal protections for employees against termination that may occur due to an employer’s unlawful discriminatory practices. The categories of preserved characteristics include race, gender, age, national origin and disability. Federal laws enforced and administered by the U.S. Equal Employment Opportunity Commission (EEOC) do a very good job in explaining these laws in great detail.
Race: These laws protect everyone regardless of their race, color, and/or ethnicity. So, for example, a Pennsylvania employer may not discriminate against, hire, or terminate an employee based on his or her race or ethnicity. This protection extends to associated characteristics such as hair texture, eye shape, skin color or tone, and protected culturally associated terminology.
Gender: Under these laws, employees are protected from discrimination by an employer based on that employee’s sex, including pregnancy, sexual orientation, and gender identity. These laws allow men and women to have the same rights in the workplace and prohibit employers from favoring one gender over another in situations such as hiring and firing.
Age: Employees over the age of 40 are protected from discrimination in the workplace based on their age, including stereotypical assumptions and comments about an employee’s age, and any prejudice an employer may harbor regarding an employee’s age.
National Origin: Employees are protected against discriminatory practices from an employer that may be based on the employee’s birth place, culture, language, and accent. An employer may not discriminate against someone based on their accent because it suggests national origin and employees are protected against any assumption an employer may make regarding an employee’s abilities based on their accent or language.
Disability: The Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA) both require employers to provide employees with disabilities reasonable accommodations so that they may perform the essential functions of their positions. This often includes accommodations for work schedules, breaks, modifications of environment or equipment, and adjustments to exam requirements.
Retaliation and Whistleblower Protections
Pennsylvania law prohibits employers from retaliating against employees for asserting their rights. Employees can’t be terminated for filing a complaint with the Pennsylvania Department of Labor or the Equal Employment Opportunity Commission, for example. Pa. Stat. tit. 43, § 1422(a) (2006).
The Whistleblower Law protects employees who reporting waste, fraud , or abuse of authority by public authorities and employees who report acts "by a public official or employee which he believes to be unlawful." Pa. Stat. tit. 65, § 1623(c) (1991). Police officers who report illegal conduct by fellow officers are protected under a law called the Law Enforcement Whistleblower Act. 53 Pa. Stat. tit. § 1468.1 (2006). The U.S. Equal Employment Opportunity Commission investigates complaints that the employer retaliated because the employee filed a charge of discrimination.
Proper Filing of a Wrongful Termination Claim
If you have been the victim of illegal termination in Pennsylvania, you can file a claim against your former employer to seek compensation for the damages you incurred as a result. If you believe you are eligible to file an employment wrongful termination claim, your first step is usually to discuss your situation with an experienced wrongful termination lawyer. Your attorney will evaluate your situation and determine whether your claim is valid and if so, what type of compensation you may be entitled to. Before you file a wrongful termination claim, it’s vital that you consult with a skilled and knowledgeable Pennsylvania attorney who has a successful history of handling wrongful termination claims. If there is a chance of winning your case, your attorney will guide you through the process of filing your claim while providing legal representation. Many claims are filed through the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). Your attorney can file the claim on your behalf and navigate the often-complex process. After your case is filed, it may be assigned to mediation. The mediation meeting can be held at the state or the federal level to further evaluate the circumstances surrounding your wrongful termination. If your case is not able to be resolved, you should immediately file a complaint with the courts per an attorney’s recommendations. You should never attempt to file this complaint yourself – wrongful termination cases are complex and can be very difficult to pursue without the assistance of an experienced attorney. Sometimes, the fact-finding stage can last several months, but during this time, your attorney will continue to gather evidence and prepare your case for trial. When the time comes, your case will go to court, and your attorney can pursue the compensation you need to recover. Consulting with an experienced and skilled attorney who has a strong history of handling wrongful termination cases is vital to maximizing the chances for compensation. A Pennsylvania lawyer can help you pursue legal action and obtain restitution for your damages.
Seeking Legal Counsel
If you believe that your employer fired you for illegal reasons, you should consider speaking with an attorney who has experience in this area of employment law. Finding the right attorney for the job requires finding one who is experienced in disputes between employees and employers. Look for one that understands your state’s laws and can prepare you for the process ahead. For example, if you are stopped for speeding in Pennsylvania , it is unreasonable to seek representation from a New Jersey traffic attorney. The most obvious solution is to find an attorney who specializes in labor and employment law.
It is also advantageous to find an attorney who has won cases like yours in the past. Some lawyers are willing to take wrongful termination cases on contingency, which means that you will pay them nothing until after they win your case for you. Others require payment up front for their services. Take the time to speak with a few different attorneys before deciding who you should hire. Finding a lawyer who makes you feel comfortable is essential, since you will be working with them for some time to come.