If you have been illegally terminated from employment in Pennsylvania, you may be able to successfully pursue a wrongful termination claim against your employer. There are federal and state laws in place to prohibit discrimination and other behaviors in the workplace. If you were discriminated against, or retaliated against, and that led to you being fired from your job, you have grounds to pursue a claim and ask to be compensated for damages.
What is the Pennsylvania Human Relations Act?
The Pennsylvania Human Relations Act is a state law that makes it illegal for an employer to discriminate against an employee due to their race, gender, ancestry, disability, use of a guide or support animal and more. This law protects employees from wrongful termination as a form of discrimination.
If you are employed through a contract, your employer must abide by the employment contract and its provisions. Federal laws prohibit discrimination, so if you have been discriminated against because of your race, religion, sex, sexual orientation, and gender identity, and you were terminated as an act of discrimination, you are a victim or wrongful termination and have grounds for a claim against your employer.
What Other Laws Impact Pennsylvania Employees?
Pennsylvania is an employment at-will state. This means you or your employer can terminate employment at any time. Neither party has to have cause, and any reason can be used just so long as federal or state laws are not violated. If laws are broken, then a wrongful termination claim can be pursued against the employer.
What Is Considered Wrongful Termination in Pennsylvania?
The Pennsylvania Human Relations Act is a state law that includes wrongful termination due to discrimination by an employer. This includes wrongful termination due to an employee’s race, gender, ancestry, disability, color, sexual orientation, pregnancy and the use of a guide or support animal.
Therefore, if you can prove you have been wrongfully terminated because of your membership of one of these protected classes then you are legally allowed to file a claim of wrongful termination based on discrimination.
There are other protected classes included in Pennsylvania wrongful termination laws. For example, your employment may have been terminated in retaliation for you being a whistleblower when you have filed a complaint against your employer for participating in an illegal act, such as not paying the minimum wage to employees. Also, if you were fired because your employer breached a contractual relationship you had set up between the two of you it may be possible to file a wrongful termination claim as this also is included in Pennsylvania’s wrongful termination laws.
If you have the proof you have been wrongfully terminated from your job in Pennsylvania, you are given limited time in Pennsylvania to file a claim against your employer which is called the statute of limitations and is normally 180 days.
As well as reporting your case of wrongful termination to the state of Pennsylvania you should also report it to the Equal Employment Opportunity Commission (EEOC) which covers federal wrongfully termination laws.
How To File A Wrongful Termination Claim In Pennsylvania
If you have been wrongfully terminated from your job in Pennsylvania, you do have limited time to pursue a claim against your employer. There is an applicable statute of limitations, so get your claim underway before time runs out. If you wait until the deadline has passed, your claim will be denied, and you cannot recover compensation.
Supporting evidence and documentation are essential to your wrongful termination claim. Videos, photos, emails, texts, contracts, separation notices, and witness statements are assets to your claim. You should consult with an employment law attorney who handles wrongful termination claims, so you can get the proper guidance. You should report the incident to the Equal Employment Opportunity Commission (EEOC).
Your wrongful termination allegations will be investigated by the EEOC, and they cannot resolve the matter satisfactorily, you will be given a right to sue, which is a letter indicating they believe you have reason to pursue a lawsuit against your employer for wrongful termination. If you are given this right, you must file your lawsuit in a timely manner.
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If you were wrongfully terminated in Pennsylvania, consult with a Pennsylvania employment law attorney. Complete the Free Case Evaluation Form to share the details of your case with an independent attorney who subscribes to the website and handles wrongful termination claims in Pennsylvania.
Additional Resources
- How to Know If You Were Illegally Fired
- List of EEOC Offices in Pennsylvania
- Pennsylvania Employment Law Attorney