Wrongful termination is what happens when your boss or employer fires you for a reason that is against the law. It’s not just federal law that protects employees. Many state laws protect you from wrongful termination as well. In Pennsylvania, employment relationships are defined as at-will employment. This means that the employer or the employee may terminate the relationship for any reason whatsoever or no reason at all.
Termination of at-will employees can be with a cause or without cause.
But there are still legal exceptions to this status and some terminations of employment are wrongful. Specific examples include:
Protected class. Anti-discrimination laws abound in the United States and this is the most straightforward exception to the at-will situation and it states that employers can’t fire their workers based on that employee’s gender, race, religion, national origin, disability, military status, or age.
Protected activities. This follows along the same lines as a protected class and states that employees can’t be discriminated against by an employer based on their choice to engage in specifically protected activities. Those activities include taking leave from work under the Family and Medical Leave Act (FMLA), complaining of Wage Violations by the employer, opposing illegal acts in the workplace, filing a workers’ compensation claim against the employer, reporting safety violations, or whistleblowing claims against the former employer.
Retaliation. This is one of the big ones. Employers can’t fire an employee in retaliation against that employee’s actions. That means an employer can’t terminate an employee for opposing discrimination or participating in an investigation centered on employment discrimination.
Illegal acts. An employer can’t fire an employee for refusing to commit a crime or do something the employee perceives as illegal.
Contractual obligation. An employment contract can stipulate specific reasons that an employer may terminate an employee. However, not all contracts follow the letter of the law. And many employee handbooks do not meet the requirements to form an employment contract. Other instances for a viable wrongful termination claim could involve performance reviews. There are quite a few situations where an experienced employment attorney may help an employee that has been fired for violation of an employment contract after that attorney has had a chance to review the written materials.
This is where Kenneth Saffren excels. As one of Pennsylvania’s top Employment Attorneys, Ken is familiar with the variety of legal remedies available to victims of wrongful termination in Pennsylvania. So depending on that employee’s situation, a fired worker may be able to pursue a lawsuit and file a claim against their employer to seek damages for things including lost wages, benefits, emotional distress, and more.
Wrongful termination lawsuit claims, however, are difficult to prove. And that’s why these legal issues often require the assistance of an employment law attorney that will focus on the practice area of employment litigation. A wrongful termination attorney has your best interest and your legal rights in mind. Their legal advice can help you with punitive damages, back pay, and more.
Do any of these statements apply directly to you?
If so, and you’ve been fired from your job, you should call employment lawyer Kenneth Saffren for a free consultation to discuss the next steps of your possible wrongful termination case.
You are being faced with a significant challenge, and we want to hear about your situation to help you determine the best course of action. The workers’ compensation cases that Kenneth Saffren handles are done so on a contingency basis, meaning that we do not get paid until you either start receiving benefits or choose to settle your case. He also ensures that the insurance company does not interfere with your benefits during the process. Please contact Kenneth Saffren at his Jenkintown office at (215) 309-9577, or his New Jersey office at (856) 667-8888, or email him to begin a relationship with a winning attorney who specializes in workers’ compensation.
Get all the facts you need to understand the inner workings of your case. Saffren & Weinberg is here to provide you a voice for justice. We want to help you get the compensation you deserve.
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