What should I do if I am forced to resign rather than be fired?

If you were forced to resign rather than being fired, you should document all relevant communications and incidents as soon as possible. Depending on the circumstances, this may support a claim for "constructive discharge," which can occur when an employer creates working conditions so intolerable that a reasonable person would feel compelled to resign. Steps you should take include: Document everything: Keep records of all incidents, emails, messages and conversations that contributed to the intolerable work environment. Do not sign anything hastily: Avoid signing any resignation letters, severance agreements or other documents without first consulting an attorney. Seek legal counsel: Contact a lawyer to discuss your options and determine whether you may have a valid claim.

Can I sue for wrongful termination if I was still in my probationary period?

You may be able to pursue a wrongful termination claim even if you were still in your probationary period. Being in a probationary period does not necessarily eliminate your protections against unlawful termination. While employers often have more flexibility during this time, legal protections may still apply if your termination was based on discriminatory reasons, violations of public policy, whistleblower retaliation, or a breach of an implied or express employment contract.

Can I be fired for reporting safety violations or illegal activity?

In Pennsylvania, employees may have legal protections if they are fired for reporting safety violations or illegal activity. Pennsylvania's Whistleblower Law and/or other state and federal laws may protect employees who make a good-faith report about wrongdoing or waste to an appropriate authority. If you believe you were terminated in retaliation for whistleblowing, you should speak with an employment law attorney as soon as possible to discuss whether you may have a claim, as some claims have deadlines as short as 30 days from the date of termination.

Who can help me with a wrongful termination case in Pennsylvania?

Employment law attorneys at Weisberg Cummings can help you with a wrongful termination case by reviewing the specifics of your situation, explaining your legal options and helping you determine whether your termination may have violated state or federal law. Our team can guide you through the legal process and advocate on your behalf if you have grounds to pursue a claim.

Criminal Record Discrimination Lawyers in PA

Recognizing Criminal Background Check Discrimination

Federal and Pennsylvania laws strictly forbid using criminal history to discriminate against qualified candidates. Under Pennsylvania’s Criminal History Record Information Act (CHRIA), a state law that protects workers from unfair hiring practices, employers cannot reject applicants for convictions that don’t relate to the specific job duties. A Federal appeals court ruling in 2026 reinforced these protections, confirming that employers must follow CHRIA obligations even when applicants voluntarily disclose their criminal history. Additionally, Title VII of the Civil Rights Act prohibits employers from using criminal records in ways that disproportionately impact specific demographic groups unless the policy is job-related and consistent with business necessity.

Signs You Have Grounds for a Lawsuit

You could have a valid workplace discrimination claim based on a background check if any of the following scenarios apply:

Rejection for irrelevant convictions

The employer denied you a position based on a past conviction that has no bearing on your ability to perform the job duties.

Decisions based on false information

You were rejected because of inaccurate, outdated or false information in a background check.

Refusal to provide documentation

The employer rejected your application but failed to give you the required written notice or a copy of the background report they used.

Violations of timing or procedure

Your employer asks about or checks your criminal record earlier in the process than is allowed under Pennsylvania law, or they go further back into your criminal history than is allowed under Pennsylvania law or the relevant laws in your location.

Rejections based on race, gender or religion

If an employer denies your application due to a conviction while accepting applicants of a different gender, race or religion with similar records, it may be grounds for a claim.

Improper use of arrest records

The employer factored arrests, summary offenses or expunged records into their decision, a direct violation of CHRIA, which strictly limits consideration to misdemeanor and felony convictions.

What Is Your Criminal Background Check Discrimination Case Worth?

Pursuing a discrimination case goes beyond financial compensation. It’s also about holding employers accountable and reclaiming your livelihood and dignity. Understanding potential outcomes can help you make informed decisions about moving forward.

If your case succeeds, you may recover actual damages, including lost wages and compensation for the psychological distress caused by the discrimination. Under CHRIA, courts must award at least $100 per violation. For intentional, malicious discrimination, courts can impose punitive damages ranging from $1000 to $10,000 to set an example and deter future violations. Winning your case typically means the employer must reimburse your attorney’s fees, which can significantly reduce your out-of-pocket costs.

Partner With Pennsylvania’s Trusted Discrimination Lawyers

At Weisberg Cummings, we treat every client with genuine respect and dignity. We understand that criminal record discrimination isn’t just another case number, but your livelihood, future and family’s security. We take the time to listen, validate your claims and fight for cases others might dismiss. We know how to navigate complex employment claims and build strong cases that hold discriminatory employers accountable, ensuring you receive the attention and advocacy you deserve.

Frequently Asked Questions About Criminal Record Discrimination

Learn more about criminal record discrimination in Pennsylvania by exploring our frequently asked questions.

What are my rights as a job applicant with a criminal record in Pennsylvania?

In Pennsylvania, employers are generally barred from disqualifying job applicants with criminal records unless the conviction is a felony or misdemeanor that directly relates to their fitness for the specific position. Under CHRIA and, in some instances, federal law, employers generally cannot consider arrest records that did not lead to a conviction, nor can they consider summary offenses.

The CHRIA offers several key protections for job seekers, including:

Direct relationship test: Employers can only consider convictions that are directly relevant to the specific job you are applying for.
Arrest records: You cannot be denied employment based on an arrest that did not lead to a conviction.
Written notice required: If an employer rejects your application based in whole or in part on your criminal history, they must notify you in writing.

What should I do if I believe I've been discriminated against due to my criminal record in Pennsylvania?

If you think you are a victim of criminal record discrimination, there are several steps you can take to protect your rights and boost your chances of receiving compensation:

Document everything: Keep a detailed record of every interaction with the employer and everything related to your job application and the denial, including the specific reason given for not hiring you. If the employer denied you due to your criminal record, ensure you receive the required written notice from them.
Obtain a copy: It may be beneficial for you to obtain an updated copy of your criminal record to ensure its accuracy.
Hire a lawyer: Consult with an experienced criminal record discrimination lawyer. A criminal record attorney can review the facts of your situation, advise you on whether the employer’s actions violated state or federal anti-discrimination laws. They can help you pursue a complaint with the Pennsylvania Human Relations Commission, the Equal Employment Opportunity Commission or through litigation, if appropriate.

Where can I find a criminal record discrimination attorney in Pennsylvania?

When seeking a criminal record discrimination attorney in Pennsylvania, it is crucial to find legal professionals who:

Specialize in employment law cases involving individuals with criminal histories.
Have a deep understanding of Pennsylvania’s CHRIA and relevant federal anti-discrimination laws, such as Title VII of the Civil Rights Act.
Have experience challenging employers who make hiring or firing decisions based on inappropriate or irrelevant criminal record information.

At Weisberg Cummings, we offer a free consultation to discuss the specifics of your situation and determine the best strategy for pursuing your claim.

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An irrelevant past conviction shouldn’t dictate your future career. If you believe you’ve been denied employment due to criminal background check discrimination, reach out now. With over 50 years of combined experience, we’ve secured life-changing results for workers facing discrimination. Our attorneys genuinely want to help you move forward with dignity. Request your free consultation today online or call us at 717-238-5707 to reclaim your future.

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