Losing your job can be a shock, leaving you feeling confused, angry, and uncertain about the future. While Pennsylvania is an “at-will” employment state, meaning employers generally have the right to terminate an employee for any reason (or no reason at all), this doesn’t mean you can be fired for any reason. Certain terminations are illegal and considered “wrongful.”
At Stark Law Group LLC, serving the Lancaster, PA area and beyond, we understand the distress and uncertainty that comes with a sudden job loss. This blog post will help you understand what constitutes wrongful termination in Pennsylvania and what steps you can take if you believe your firing was unlawful.
Understanding “At-Will” Employment in PA (and Its Limits)
It’s crucial to first understand the concept of “at-will” employment. In Pennsylvania, unless you have a written employment contract stating otherwise, your employment is presumed to be at-will. This means your employer can terminate you at any time, for any reason (as long as it’s not illegal), and you have the same right to resign at any time.
However, the “at-will” doctrine has important exceptions. You cannot be legally fired for reasons that violate federal or state employment law. This is where the concept of wrongful termination comes into play.
How to Know if Your Termination Might Be Wrongful
Here are some key indicators that your termination might be illegal under Pennsylvania and federal law:
- Discrimination: You were fired because of your race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, or genetic information. These categories are protected under federal and state anti-discrimination laws.
- Tip: Consider if your termination coincided with you disclosing a pregnancy, requesting accommodations for a disability, or experiencing discriminatory comments or treatment leading up to your firing.
- Retaliation: You were fired for engaging in legally protected activities. This can include:
- Reporting illegal activity or safety violations in the workplace (whistleblowing).
- Filing a complaint of discrimination or harassment.
- Taking legally protected leave, such as FMLA leave.
- Participating in a workplace investigation.
- Tip: Think about whether you recently raised concerns about illegal practices, reported harassment, or took protected leave before your termination.
- Violation of a Contract: You had a valid written employment contract that specified the terms of your employment and the reasons for which you could be terminated, and your termination didn’t align with those terms.
- Tip: Review your employment agreement carefully to understand the termination clauses.
- Public Policy Violation: You were fired for refusing to commit an illegal act or for complying with a legal duty.
- Example: Being fired for refusing to falsify accounting records or for attending jury duty.
- Violation of State or Federal Statutes: Certain laws provide specific protections against termination.
- Example: The Pennsylvania Human Relations Act (PHRA) prohibits discrimination based on protected characteristics.
Helpful Tips for Assessing Your Termination
- Document Everything: Start by gathering all relevant documents related to your employment, including your offer letter, employment contract (if any), performance reviews, emails, memos, and any communication surrounding your termination. Note down the exact date and time of your termination and who informed you.
- Recall the Details: Carefully remember the circumstances leading up to your termination. What were the stated reasons for your firing? Were these reasons consistent? Did anything feel “off” or discriminatory?
- Consider the Timing: Did your termination occur shortly after you engaged in a protected activity, such as reporting discrimination or requesting FMLA leave? The timing can sometimes be an indicator of potential retaliation.
- Look for Inconsistencies: Does the reason given for your termination align with your performance history or company policies? Were other employees treated differently in similar situations?
- Review Company Policies: Familiarize yourself with your employer’s handbook and policies regarding termination, disciplinary procedures, and anti-discrimination.
What to Do If You Believe You Were Wrongfully Terminated in Lancaster, PA
If, after considering the above points, you suspect your termination was wrongful, it’s crucial to take the following steps:
- Consult with an Experienced Employment Attorney: This is the most important step. An attorney specializing in employment law, like those at Stark Law Group LLC in Lancaster, PA, can evaluate the specific facts of your case, advise you on your legal rights and options, and help you understand the strength of your potential claim.
- File a Complaint (if applicable): Depending on the nature of the wrongful termination, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). There are strict time limits for filing such complaints, so acting promptly is essential.
- Do Not Sign Anything Without Legal Advice: Your employer may present you with severance agreements or other documents. Do not sign anything before having it reviewed by your attorney. These documents may contain clauses that waive your right to pursue legal action.
- Keep Detailed Records: Continue to document any communication with your former employer and any efforts you make to find new employment.
- Focus on Your Well-being: Losing your job is stressful. Take care of your mental and emotional health during this challenging time.
How Stark Law Group LLC Can Help
At Stark Law Group LLC, we are dedicated to protecting the rights of employees in Lancaster, PA, and throughout Pennsylvania. If you believe you have been wrongfully terminated, our experienced employment law attorneys can:
- Provide you with a confidential consultation to understand the details of your situation.
- Thoroughly investigate the circumstances surrounding your termination.
- Advise you on your legal rights and potential legal remedies.
- Represent you in negotiations with your former employer or in legal proceedings.
- Fight to protect your interests and seek the justice you deserve.
Don’t navigate this complex legal landscape alone. If you suspect you were wrongfully terminated in Pennsylvania, especially in the Lancaster, PA area, contact Stark Law Group LLC today for a confidential consultation. We are here to help you understand your rights and explore your options.