Wrongful Termination Laws in PA

What Is Wrongful Termination?

Wrongful termination occurs when an employer or their representative unlawfully terminates a worker’s employment. There are numerous reasons for such actions, and they could be based on discriminatory factors such as gender, race, disability, age, or religion. Some employers also fire employees as retaliation for the employee taking legally protected leave, filing a sexual harassment claim, or exercising their legal rights in any other way.

State and federal laws protect workers against unlawful termination of employment. Employers must adhere to these laws and the terms of employment. Employees who believe they have a valid claim may pursue formal legal action or negotiate a settlement with the employer.

The Difference Between Wrongful Termination and Unfair Termination

While you can sue your former employer for wrongful termination in Pennsylvania, you cannot sue for unfair termination. This is why it is essential to know the difference.

Wrongful termination occurs when you are fired for an illegal or unethical reason, whereas unfair termination occurs due to factors such as nepotism, favoritism or simple dislike. Though you may be angry and frustrated because your employer fired you based on unfair treatment, you cannot sue for unfair termination. You could, however, sue for being fired because of your race, age, gender or other unlawful factors.

What Are the Wrongful Termination Laws in Pennsylvania?

State and federal laws regulate employment relations in Pennsylvania. Case law, previous judicial decisions and general principles of law can also determine the legality of employment termination. The law on wrongful termination is complex, so it’s best to consult an attorney for professional support.

Some prominent wrongful termination laws are:

1. Equal Employment Opportunity (EEO) Laws

EEO laws encompass a group of federal legislation prohibiting discrimination in the workplace. Examples include Title VII of the Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination Act, the Americans with Disabilities Act and the Equal Pay Act. Two agencies under the United States Department of Labor (DOL) handle EEO monitoring and enforcement — the Office of Federal Contract Compliance Programs and the Civil Rights Center (CRC). These agencies oversee different activities and have varying responsibilities.

2. Pennsylvania Human Relations Act

This state legislation prohibits certain discriminatory practices in employment and other settings. The law extends to the termination of employment on the basis of race, religion, ancestry, sex, age, disability and other protected categories. The Pennsylvania Human Relations Act also makes it illegal for employers to retaliate against an employee for enforcing their rights or challenging unlawful conduct.

3. Pennsylvania Statute of Limitations for Wrongful Termination

Statutes of limitation are the laws that prescribe the period for bringing various actions to court. In the Keystone State, the time limits to file wrongful termination claims can be very short. If you believe you were fired for illegal discrimination, you usually have 180 days to preserve your claims with the Pennsylvania Human Relations Commission. In other situations, you may have anywhere from 30 days to two years to file a wrongful termination claim, such as 300 days for gender discrimination claims under Title VII.

Missing the deadline means losing your right to sue — it’s like an expiration date for a lawsuit. Unless the employer willingly agrees to reinstate or compensate you for the losses, there is generally no obligation to provide any form of remedy. Contact an attorney as soon as possible to assess your case and file your claim.

4. Judicial Precedents and General Legal Principles

Previous judicial decisions on the same matter with similar facts influence court decisions. Additionally, general principles of law, such as the laws of contract, can determine parties’ rights, responsibilities and liabilities. These laws are complex, but lawyers are trained to learn and use them in resolving disputes.

An experienced employment attorney can examine your case to determine whether you have a valid cause of action and apply the relevant laws to help you achieve the desired outcome. A cause of action is the combination of facts that entitles a person to a legal remedy.

What Counts as Wrongful Termination in Pennsylvania?

Pennsylvania is one of 49 at-will states, meaning that unless you are in a union or have a specific contract of employment, you can be fired or demoted at any time without cause or for any legal reason. Possible exceptions may apply, such as those working according to a union’s agreement or in the public sector.

However, wrongful termination goes beyond the outlines of at-will employment to prevent the mistreatment of employees based on ethical considerations. In these cases, it is no longer considered unfair, as it violates the established laws and regulations. Possible instances of discrimination include:

Sexual orientation discrimination
Veteran status discrimination
National origin discrimination
Race or color discrimination
Religious discrimination
Disability discrimination
Gender discrimination
Age discrimination
Retaliation for taking protected activity

In addition to discriminatory reasons, you cannot be fired for:

Standing up for your rights

If you speak up for yourself or co-workers in certain ways, such as by reporting safety violations or sexual harassment, you cannot be fired for this reason. This is also true if you assist in a discrimination investigation by testifying in court or speaking to investigators.

Taking leave you are entitled to

If you are entitled to leave under the Family and Medical Leave Act (FMLA), military leave or jury duty leave, you cannot be fired for taking it. For example, an employer cannot retaliate against you for taking your unpaid jury duty leave. However, not every employee is entitled to these types of leave, so be sure you are eligible.

Refusing to commit or abet a crime

Pennsylvania courts want to protect the public interest, including employees who refuse to commit or abet a crime for an employer. If your employer pressured you to commit perjury or avoid reporting regulatory violations, you cannot be fired for refusing to do so.

Making a request you are entitled to make

Your employer cannot fire you if you request reasonable accommodations. Under the Americans with Disabilities Act (ADA), if you are a worker with a disability, you are entitled to reasonable accommodations in the workplace that allow you to do your job effectively. Similarly, you cannot be fired because you filed a workers’ compensation claim.

Other Examples of Wrongful Termination in PA

Wrongful termination laws in Pennsylvania span beyond discrimination and the act of ending employment. There are other situations where you may be wrongfully terminated or mistreated in your termination. There are regulations that can protect you in those instances. Some examples related to wrongful termination include:

Defamation

Defamation cases can help protect your reputation and standing, specifically in relation to other potential employers. If, during your wrongful termination, your employer made false and malicious statements about you that harmed your ability to earn employment, you might have a defamation case as well as a wrongful termination one.

Broken Written and Implied Promises

Though Pennsylvania is an at-will state, you may have protections through your contract or other documentation. For example, if you have a written contract or other statement that explicitly states what fireable offenses are, and you were not terminated for those reasons, this may be an example of wrongful termination.

Any promise of job security could potentially serve as proof of wrongful termination, including implied promises. These instances can be more difficult to prove, but combined with other actions, they may lead to a case. If you have proof of assurances that you would have continued employment, that may support a wrongful termination claim. Seek guidance from a professional attorney to determine whether your situation counts as wrongful termination.

Violations of Public Policy

Employers are not permitted to fire an employee for reasons that violate public policy. We have already mentioned jury duty and military leave, but there are other instances, such as:

Taking time off to vote
Whistle-blowing, as defined by various state and federal laws
Filing for Unemployment Compensation against a seasonal employer

To determine if you were wrongfully terminated, you must be able to prove that there was a policy violation. An attorney can search for any policies that were violated during your termination to support your claim.

Signs You May Have a Wrongful Termination Case

If you have recently been fired, it can be hard to determine whether you were wrongfully terminated. Though employers can fire you without cause, they may give you a reason to make the termination appear legitimate. If you have noticed any of the following signs of wrongful termination, you may want to reach out to an attorney:

A pattern of discriminatory behavior

If you were subjected to discriminatory remarks and a demotion before your termination, this could show a pattern of discriminatory behavior, which may have led to your wrongful termination.

Suspicious timing

If the timing for your termination is suspicious, you may have a wrongful termination case. For example, if you were on the verge of retiring with full benefits or were fired soon after exposing the company’s illegal activities, your situation deserves further investigation.

No cause for the termination

If you consistently received positive performance reviews and have been with your employer for a while, and they fire you without any reason given, this could be a red flag. If similar employees remain employed or receive promotions and raises, this may signify wrongful termination.

Unethical company operations

Reporting unethical or illegal activities within your organization, such as fraud, discrimination or other violations, may precede your termination. If you believe the two events are related, you should talk to an attorney about your protections. Pennsylvania and federal laws protect employees who refuse to violate the law on behalf of their employer.

If you are fired because you are pregnant, have a disability, are on maternity leave or have complained about illegal discrimination, you may have a wrongful termination case.

How to Handle Wrongful Termination Cases

You can deal with wrongful termination cases in several ways. These options have varying legal significance, and an attorney can help you determine which is appropriate, given the circumstances:

Collect your documentation

Before filing a complaint or suit, you should collect any written communication, termination notices, performance reviews and other documents, such as your contract, employee handbook, and even your emails. This documentation will help prove any actions that may have led to wrongful termination.

File a complaint

In cases involving illegal discrimination based upon a protected class, the first option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). The agency will investigate the allegations and attempt a settlement. If the attempted settlement fails, the EEOC may file a lawsuit or issue a notice of right to sue, allowing you to commence legal proceedings in court.

Settle the dispute

Sometimes, employers agree to settle the dispute out of court. This settlement is different from the one the EEOC oversees. It’s a private negotiation process where the parties attempt to resolve the matter amicably, before or after a lawsuit.

Initiate a lawsuit

You may commence legal action against the employer to seek legal remedies. Like the other dispute resolution mechanisms discussed, litigation can be technical, so hiring a lawyer is best. The employer has the right to file a response or defense, so you should prepare adequately.

How to Conduct a Wrongful Termination Lawsuit

Wrongful termination cases in Pennsylvania are conducted as civil actions. A civil action is a lawsuit between private persons, like individuals, and non-human entities, like companies or corporations. The action commences when you file a complaint at the court of competent jurisdiction. Once you determine you have a suit and file, you must serve the employer with the court processes.

Your employer may file a response or defense to support their decision. After that, the court will schedule a date for trial, where both parties will present evidence and make submissions to obtain a favorable judgment. The court will give the relevant orders depending on the findings. Note that the specifics of the procedure are much more complex, with multiple rules and intricacies.

Available Legal Remedies in a Wrongful Termination Lawsuit

Several legal remedies are available in a wrongful termination lawsuit. The options include reinstatement, back pay and lost benefits, and damages or a combination of them:

Reinstatement

The court may order your employer to reinstate you to your previous position. While potentially beneficial, assess whether returning to the workplace is feasible or desirable. For example, if the relationship between the employer and employee is strained, other legal remedies could be better options.
Back pay and lost benefits

The court may order the employer to pay lost wages and benefits if they are found liable for unlawful termination. Back pay is the wages you would have earned if you had remained in the position. Lost benefits are the privileges or perks attached to your position in the workplace, like health insurance and retirement contributions. The start date for this pay would be your termination date, and the end date would be the day the settlement is reached.
Damages

The court may order the employer to compensate you for losses. Other kinds of damages, including punitive damages, are designed to punish the employer for acting maliciously or recklessly. Some laws allow for damages to compensate you for your emotional distress, while others may provide for a specific amount of money, referred to as liquidated damages, to an employee who proves that their employer knowingly violated the law. An experienced employment attorney will be able to explain the types of remedies available for each type of claim.

How Can Weisberg Cummings Help?

At Weisberg Cummings, P.C., we have decades of experience in employment matters. We understand the wrongful termination laws in Pennsylvania, and we can ensure you can fight for your case and recover the settlement you deserve. Discrimination laws differ from state to state, so having a professional who understands the laws in Pennsylvania is crucial.

With a qualified attorney on your side, the process can move quickly, especially if this is the first complaint made against your former employer. A lawyer will know which evidence to gather and research and how to strengthen your case.

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Learn More About Pennsylvania Wrongful Termination Laws

If you are concerned about your termination and believe you may have been discriminated against, you deserve legal counsel to fight your case. You have protections and rights under the PA laws on wrongful termination, and you should not be fired based on your age, gender, race, national origin, pregnancy or religion.

At Weisberg Cummings, P.C., our employment lawyers can help determine whether you have a wrongful termination case. An experienced lawyer can help you pursue your case while you seek other employment. If you believe you may have a wrongful termination case, contact us today to schedule a free consultation with our experienced employment lawyers.

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