What are my legal rights as an employee if I have been wrongfully terminated by my employer in Pennsylvania?
As an employee in Pennsylvania, you have various legal rights if you have been wrongfully terminated by your employer. Wrongful termination occurs when an employer fires an employee for an illegal reason or in a way that violates the employee’s legal rights. Generally, employment in Pennsylvania is considered “at-will,” meaning that an employer can terminate an employee for any reason (except an illegal one) or for no reason, and an employee can quit at any time. However, there are various exceptions to this rule.
If you believe you have been wrongfully terminated, you may be able to pursue legal action to enforce your rights. The first step is to determine whether your termination was illegal under Pennsylvania law. Some examples of illegal termination include:
- Discrimination: An employer cannot terminate an employee on the basis of their race, color, national origin, sex, religion, disability, age (if over 40), or other protected characteristic. If you were terminated for one of these reasons, you may have a claim for employment discrimination.
- Retaliation: An employer cannot terminate an employee in retaliation for engaging in a protected activity, such as reporting discrimination, harassment, or illegal activities in the workplace.
- Breach of contract: If you had an employment contract that specified the terms of your employment, including the circumstances under which you could be terminated, and your employer terminated you in violation of that contract, you may have a claim for breach of contract.
- Violation of public policy: If your termination violates a clear public policy principle, such as refusing to perform an illegal act, you may have a claim for wrongful termination in violation of public policy.
If you believe you have been wrongfully terminated, you should consider contacting an employment lawyer in Pennsylvania to discuss your legal rights and options. They can advise you on the specific laws and legal precedents that apply to your situation, and help you decide whether to pursue legal action. It is important to note that there are limitations and exceptions to these legal rights, and the outcome of your case may depend on the specific facts and circumstances involved.
In terms of further action, you may be able to file a complaint with the Pennsylvania Human Relations Commission or the Equal Employment Opportunity Commission, which investigate claims of discrimination and harassment in the workplace. Alternatively, you may need to file a lawsuit in state or federal court to enforce your legal rights. Your employment lawyer can help you navigate this process and advocate for your interests.