Can You Sue for Being Fired Unfairly? Understanding Wrongful Termination Claims

Employees in Pennsylvania can file wrongful termination claims in a wide range of circumstances. From discrimination and retaliation to violations of employees’ contractual rights, wrongful terminations can take many different forms. If you have a wrongful termination claim, the steps you need to take to hold your employer accountable depend on the specific circumstances involved.

If you have been fired from your job in Pennsylvania, it is important to make sure you know why. While Pennsylvania is an at-will employment state, this does not mean that your employer can terminate your employment at any time and for any reason.

In fact, there are several circumstances in which terminating an employee’s job is prohibited. If your employer illegally terminated your job, you have clear legal rights. An experienced Philadelphia wrongful termination lawyer can explain your legal rights and help you make smart decisions about your next steps.

What Constitutes a “Wrongful Termination”?

So, what constitutes a “wrongful termination”? In the employment context, a wrongful termination occurs any time an employer fires an employee in violation of the employee’s rights. While it is generally true that an employer can fire an employee “for no reason at all,” there are exceptions—and if an employer’s decision to fire an employee is based on unlawful grounds, the employer cannot avoid liability by claiming a “no cause” termination.

With this in mind, some of the most common grounds for wrongful termination claims in Pennsylvania include:

• Discrimination in violation of the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Pregnant Workers Fairness Act (PWFA), Title VII of the Civil Rights Act of 1964, or any other federal law
• Discrimination in violation of the Pennsylvania Human Relations Act (PHRA)
• Retaliation for asserting an employee’s rights under the Family and Medical Leave Act (FMLA) or any other applicable law
• Termination in lieu of providing a religious accommodation or a reasonable accommodation for a disability or pregnancy
• Termination in violation of the terms of an employee’s employment contract

These are just examples. From terminating employees who refuse to engage in illegal conduct to firing employees who file for workers’ compensation benefits after suffering on-the-job injuries, wrongful termination can take many other forms as well. As a result, if you have any reason to suspect that your firing may have been unlawful, it will be worth talking to a lawyer about your legal rights.

How Do You File a Wrongful Termination Claim in Pennsylvania?

If you are a victim of wrongful termination in Pennsylvania, the steps you need to take to file a claim depend on the specific reason for your termination. Generally speaking, the options include:

• Filing a Charge with the U.S. Equal Employment Opportunity Commission (EEOC) – The EEOC handles cases involving violations of Title VII, the ADEA, ADEA, PWFA, and other federal anti-discrimination statutes.
• Filing a Complaint with the U.S. Department of Labor Wage and Hour Division (WHD) – The WHD handles cases involving violations of employees’ rights under the FMLA, including retaliation against employees who request or take protected leave.
• Filing a Complaint with the Pennsylvania Human Rights Commission (PHRC) – The PHRC handles cases involving violations of the PHRA. Crucially, the PHRA applies to many smaller employers that are not covered under federal law.
• Filing a Complaint with the Philadelphia Commission on Human Relations (PCHR) – Philadelphia has enacted protections for workers in the city, and employees who have claims under local law can file their claims with the PCHR.
• Filing a Lawsuit Against Your Employer in Court – Employees who cannot obtain satisfactory outcomes through the means listed above can file lawsuits in court. Employees who have contract-based wrongful termination claims can generally file their claims in court as well (unless their employment contracts state otherwise).

In some cases, pursuing an informal resolution may also be an option. Once you hire a lawyer to represent you, your lawyer will be able to assess the possibility of seeking an informal resolution with your employer, and your lawyer will be able to negotiate on your behalf if warranted. Regardless of the steps you need to take, your lawyer will represent you throughout the process, and you will be able to rely on your lawyer’s advice to make informed and confident decisions about your next steps.

FAQs: Taking Legal Action When You’ve Been Wrongfully Terminated

What are the remedies for wrongful termination in Pennsylvania?

The remedies for wrongful termination generally include financial compensation and/or reinstatement in an appropriate employment position. Financial compensation can include not only coverage for your lost income and benefits, but coverage for your other financial and non-financial losses as well. Punitive damages may also be available in some cases. Your lawyer can help you decide which remedies to pursue based on the specific circumstances of your case.

How do I prove my firing was wrongful?

Proving that your firing was wrongful may require various forms of documentation, as well as written statements or testimony from your former coworkers. You should keep any documentation you have in your possession, and you should hire a lawyer promptly so that your lawyer can preserve any other documentation that may be available.

Do I need a lawyer to file a wrongful termination claim?

While not legally required, hiring a lawyer to represent you is strongly recommended. Filing a wrongful termination claim is a complex process, and the outcome of your case could impact your life for years, if not decades, to come.

How a Philadelphia Wrongful Termination Lawyer at Our Firm Can Help

From gathering the evidence needed to pursuing appropriate legal remedies on your behalf, our lawyers can assist with all aspects of proving your legal rights. You can get started with a free, no-obligation consultation, and we can take appropriate legal action on your behalf promptly if warranted.

Schedule a Free, No-Obligation Consultation Today

To discuss your legal rights with an experienced Philadelphia wrongful termination lawyer in confidence, contact us today. Call 267-273-1054 or contact us online to arrange a free, no-obligation consultation.