Getting fired from your job can be devastating, both personally and financially. But if you’ve been fired for who you are or another “protected” reason, your termination may have been considered illegal. If so, you may be able to file a wrongful termination claim against your employer and be compensated for your losses. However, proving wrongful termination can be complicated. The Reading, PA, wrongful termination lawyers are here to help you understand wrongful termination and your rights under the law.
Employees Are Often at a Disadvantage in the Workplace
Pennsylvania, like most other states, is considered an at-will state. This means an employer can terminate an employee for any reason or no reason at all, putting employees at a disadvantage. But there are exceptions to an employer’s at-will protections. Furthermore, employees enjoy some robust employment protections under state and federal law.
What is Considered a Wrongful Termination?
Many state and federal employment laws have been implemented to ensure workers’ legal rights while maintaining fair and legal workplace practices. When an employer dismisses an employee in violation of these laws, a contractual agreement, or a recognized public policy, it can be considered unlawful. Unlawful termination includes:
- Termination in violation of federal or state anti-discrimination laws – Under federal law, it is illegal to terminate an employee because of their race, color, sex, pregnancy, gender identity, sexual orientation, national origin, disability, age, or religion.
- Termination in violation of an employment contract – When an employee has a contract or other binding agreement, both parties must adhere to its terms. Any dismissal that violates those terms may be considered a wrongful termination.
- Termination in violation of public policy – When an employee has been dismissed for things like reporting for jury duty or voting, it is considered a violation of public policy and may constitute a wrongful termination.
- Termination as retaliation – An employer can’t legally terminate an employee for making a complaint against them for protected activities, i.e., discrimination and harassment, workplace safety violations, or whistle-blowing in the case of illegal practices. Furthermore, an employer can’t legally terminate an employee for refusing to perform an act that is considered illegal under state or federal law.
Unfortunately, proving that a termination was unlawful can be difficult. This is when it’s critical to have the help and legal guidance of a skilled wrongful termination lawyer to help you prove your case and ensure your best possible outcome.
If Pennsylvania is an At-Will State, What Kind of Proof Do You Need for a Wrongful Termination Lawsuit?
Most employers don’t readily admit their real motives for firing someone in an at-will state, especially if those motives are against the law. They will commonly use other reasons for your dismissal, such as poor performance or attendance. Or they will engage in bad faith behavior to make your employment as uncomfortable as possible.
If you’ve been wrongfully terminated, it’s your and your attorney’s job to prove your employer acted illegally. This means you will need extensive evidence to prove it.
Collecting Evidence in Anticipation of a Wrongful Termination Lawsuit
Before you proceed with a wrongful termination claim, you will want to collect as much evidence as possible to support it.
- Ask for an official reason for your termination. Even if it is false, this is the first crucial piece of evidence to determine whether your dismissal may have been unlawful.
- Collect executed copies of your employment contract or any other documents you signed at the beginning of your employment and your employee handbooks. These will highlight the terms of your employment and your employer’s policies on disciplinary actions and termination.
- Obtain a copy of your personnel file. This will create a backdrop and timeline for your time there, as well as reflect any promotions, performance reviews, or disciplinary actions.
- Document all the events leading up to and following your termination, including any incidents or conversations you had with managers or others. Obtain copies of any correspondence related to your termination. Note any retaliatory or discriminatory practices you feel may have been directed at you. Did anyone witness these practices? Can you get witness statements from them?
- Collect other forms of evidence, including emails, messages from others, or any other documents that may reflect your performance and relationships with supervisors and fellow workers.
Remember to stay professional at all times in any communication with your former employer and colleagues. Regardless of what is happening, maintaining your professionalism preserves your reputation and can benefit you if and when your case goes to trial.
What Kind of Compensation Can You Seek Through a Wrongful Termination Lawsuit?
While employers may seem to have the legal advantage, you have your own legal rights as an employee. And if your employer has violated them, they can be held liable.
Through a wrongful termination claim, you may be able to seek compensation for:
- Your economic damages, including any lost wages, bonuses, benefits, or the value of anything you may have earned if you hadn’t been terminated. Furthermore, you may be entitled to seek any future pay you may have earned until you can secure comparable employment.
- Your out-of-pocket expenses, including reimbursement for costs that may have been covered by your job, such as healthcare or any expenses related to your job search.
- Non-economic damages for any mental anguish and emotional distress you’ve suffered caused by your wrongful termination, including depression, anxiety, and loss of enjoyment of your life.
- Damage to your reputation. If your termination has negatively impacted your professional reputation, you may be able to seek compensation for this harm.
- Reinstatement of your position.
- Punitive damages if your employer’s actions were particularly malicious or egregious.
- Reimbursement for your legal fees and court costs.
An experienced wrongful termination lawyer in Reading, PA, will evaluate your case, help you understand your rights under the law, and analyze the evidence to determine if you have a viable wrongful termination claim. If so, they will guide you through your options and obligations in order to pursue legal action. Based on your attorney’s advice, you may also need to file a complaint against your employer at the state or federal level.
How Can Reading, PA Wrongful Termination Lawyers Help You Hold Your Employer Accountable?
If you believe you’ve been wrongfully terminated, you should take prompt action. Consulting with a skilled Reading, PA, wrongful termination lawyer can be crucial to your success.
At Saffren & Weinberg, our experienced Reading, PA, wrongful termination lawyers are dedicated to protecting the rights of workers and their families. If you suspect you have been terminated illegally, call us at (215) 576-0100 or schedule a free consultation through our website contact form to schedule a no-cost case evaluation.
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