Losing your job can be emotionally and financially devastating for you and your family. And in some cases, it may also have been unlawful. If you’ve recently been fired or laid off from your job for an unlawful reason, you may be able to file a wrongful termination claim against your employer. However, proving unlawful termination can be complicated. Let our wrongful termination lawyers in Allentown, PA, at Saffren & Weinberg help you seek justice.
What are the Laws in Pennsylvania Concerning Workers’ Rights?
In Pennsylvania, the law is very employer-centric regarding employee termination. As an “at will” state, an employer in Pennsylvania can terminate an employee for almost any reason, or even no reason at all.
However, there are exceptions to “at will” employer rights. A wrongful termination happens when an employee has been fired in violation of the law. Under Equal Employment Opportunity laws, certain types of workplace discrimination are prohibited. Furthermore, it can also be considered unlawful termination if an employer terminates an employee in violation of an employment contract or agreement, or violation of public policy.
If you feel you have been unlawfully terminated, you may have the right to bring a civil claim against your employer for wrongful termination. But it’s important to note there are strict rules and time limits that often apply to these claims. Getting the guidance of an experienced wrongful termination lawyer in Allentown as soon as possible is critical.
Wrongful Termination Based on Discrimination
Federal and state laws protect employees from workplace discrimination and unlawful termination based on that discrimination.
It is illegal to terminate an employee because of their:
- Race
- Color
- Sex (this includes pregnancy, gender identity, and sexual orientation)
- National origin
- Disability
- Age
- Genetic information
- Religion
If you feel you have been terminated because of who you are or what you look like, you may be entitled to bring a wrongful termination claim against your employer. But workplace discrimination can be challenging to prove. The experienced wrongful termination lawyers in Allentown, PA, at Saffren & Weinberg will guide you in collecting the evidence you will need to prevail in a successful wrongful termination claim and diligently defend your legal rights to compensation.
Wrongful Termination Based on Violation of Employment Contract
Not all employment is considered “at will.” Some professions and industries use employment agreements or contracts to set out the terms of their employee/employer relationship. These contracts reflect the rights and obligations of both parties, including what can be considered grounds for termination.
An employer must follow all terms and conditions of an employment contract when terminating an employee. Failure to do so can be considered a breach of contract and entitle the employee to bring a wrongful termination claim against the employer.
If you have been terminated in breach of your employment contract or other bad faith conduct, let us help. At Saffren & Weinberg, our wrongful termination lawyers in Allentown will protect your legal rights to compensation after you have been wrongfully terminated.
Wrongful Termination Based on a Violation of Public Policy
Not all employee protections are a matter of law. Employees can also be protected from termination by matters of public policy.
Public policy is something that society recognizes as a protected activity. These can include things like taking time off work to vote, serve on a jury, or serve in the National Guard. But employees are also protected from termination due to employer retaliation if they file a claim for workers’ compensation, take advantage of family leave, expose workplace safety violations to authorities, or refuse to engage in their employer’s illegal activities.
You have rights as an employee, but you may be reluctant to hold your employer accountable. Contact our experienced Allentown wrongful termination lawyers for a free consultation to discuss your situation. If you have been unlawfully terminated, we can help you seek financial compensation for your losses.
What Must Be Proven in a Wrongful Termination Claim
To prevail in a wrongful termination claim, a former employee must be able to prove that their employer acted with illegal motives. However, most employers are savvy when it comes to employment laws. They rarely admit to illegal motives when they fire someone and often use other reasons, such as poor performance, absenteeism, or workplace misconduct, when terminating an employee.
A wrongful termination case will weigh heavily on the evidence you can present to support your claim. Lawyers for employee discrimination will ask you to collect as much evidence as possible that could be useful in building your wrongful termination case.
- Document what happened when you were terminated – Create a detailed timeline of what happened. Did you receive a termination letter? Were you fired face-to-face or by phone? Document when it happened, what was said, and if anyone else was present.
- Document any circumstantial evidence that may support your case – For instance, if you were the subject of discrimination, detail all the inequities in how others were treated compared to you. Be as detailed as possible, noting others who witnessed these inequities.
- Collect relevant emails, texts, or voicemails to support your case – These may be offensive texts or images sent back and forth showing a racist, sexist, or other discriminatory culture at your workplace.
- Get a copy of your personnel file – This creates a background and timeline for your time at your former place of employment. It will include information such as promotions, performance reviews, and any disciplinary actions.
- Have a copy of the employer’s policies – Employers typically define what is accepted and not accepted by employees in their employer handbook. This should also clearly set out grounds for termination.
- Pay records – Discrimination or harassment may have caused you to miss work. Pay records will establish how much you have lost in wages, which can be recovered in a wrongful termination lawsuit.
- Witness statements – Witness statements will be used to corroborate your physical evidence. This can further establish a pattern of illegal behavior by your employer.
Contact Our Experienced Wrongful Termination Lawyers in Allentown
It may feel like your employer has all the rights, but you have important rights of your own. If you believe you were unlawfully terminated, you may be entitled to seek compensation for your losses. Getting the advice and guidance of an experienced Allentown workplace discrimination attorney will help you understand your legal rights and options.
At Saffren & Weinberg, our skilled Allentown wrongful termination lawyers have dedicated our careers to upholding the legal rights of others. Call us at (215) 576-0100 or contact us through our online contact form to schedule a no-cost case evaluation. You do not pay attorney fees unless we recover compensation on your behalf.
Disclosure:
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.