When you’ve been terminated from your place of employment, it’s both emotionally and financially distressing. And while you may feel your termination was unfair, Pennsylvania, like most states, is an “at will” employment state. This means employers have the right to terminate you at any time without reason – unless, of course, it breaks the law. You have important legal rights if you suspect your termination was unfair and illegal. At Saffren and Weinberg, our experienced lawyers for wrongful termination are here to delve into what wrongful termination is and what you might be entitled to if you’ve been wrongfully terminated.
What Exactly is Wrongful Termination?
A wrongful termination is a termination of employment that violates state, local, or federal law, goes against recognized public policy, or violates the terms of an employment contract.
Even though Pennsylvania is considered an at-will state, there are exceptions to an employer’s at-will rights. And as an employee, these exceptions afford you important legal remedies. If you have been wrongfully terminated, you may be able to bring a lawsuit against your former employer for damages you’ve suffered and even be reinstated in some cases.
What Kinds of Termination Can Be Considered Wrongful?
Discrimination
Discrimination is illegal, and several essential federal and state laws protect your rights against discrimination. Your employer can’t terminate you based on your race, color, gender, religion, national origin, gender, age, disability, or sex. However, strict rules and time limits apply to discrimination claims. If you believe you’ve been fired because of discrimination, it’s important to get immediate legal guidance to understand your rights and responsibilities under the law.
Retaliation
Your employer cannot fire you as retaliation for something you have done that was protected under the law. You may have been fired in retaliation for your actions if you can prove:
- You were engaged in a legally protected activity, such as filing a complaint against your employer for safety issues, refusing to participate in illegal activities, or requesting accommodation for a disability.
- Your employer took action against you immediately after they found out about your activity.
- Your employer’s actions had adversely affected you, such as losing your job.
If your employer has fired you in retaliation for a legally protected activity, you may be entitled to seek compensation through a wrongful termination lawsuit.
Violations of Public Policy
Public policies are those rights that society recognizes that we are entitled to as citizens. These include taking time off to vote, serve on a jury, or serve in the armed forces. If you’ve been terminated in violation of a public policy, you may be entitled to seek compensation through a wrongful termination claim against your employer.
Breach of Contract
Employment contracts typically address how and why an employee’s termination can occur. If the terms of your employment are covered under an employment contract, your employer must follow them when terminating you. If not, you may be entitled to compensation for damages you’ve suffered through a wrongful termination lawsuit.
What Makes Pursuing a Wrongful Termination Lawsuit So Challenging?
Many employees are surprised to learn that under the at-will doctrine, they have limited rights after a termination. Even if you feel your termination was unfair, you can be terminated for any reason other than an unlawful one. This can make pursuing wrongful termination challenging due to several factors:
- The burden of proof – The burden of proving wrongful termination lies with the employee. You must provide substantial evidence that your termination was unlawful through documentation, witness testimony, and other proof that your employer’s motives for terminating you were illegal.
- Proving discrimination or retaliation – Explicit instances of discrimination and retaliation are rare. Most employers know better than to give the real reason for a dismissal if it implicates them legally. Your employer may have given what appears to be legitimate reasons for your dismissal, and it will be up to you to prove that the stated reasons were a pretext for your termination. Discrimination and retaliation can be subtle and difficult to prove, and you may need to rely on indirect evidence by establishing inconsistencies, contradictions, and implausibility’s in their explanations to prove your case. Co-workers and witnesses may also be reluctant to cooperate because of their own loyalty or they fear speaking out against the employer and possible retaliation of their own.
- Documentation—Many wrongful termination cases require extensive documentation, employment records, performance reviews, copies of correspondence, and witness statements. You may not have kept thorough records throughout your employment to support a wrongful termination claim, so you must collect this evidence after termination.
This is when having a skilled lawyer for a wrongful termination case can be critical to your success.
How Can an Experienced Bethlehem, PA, Lawyer for Wrongful Termination Help You Pursue a Lawsuit Against Your Employer?
If you decide to pursue a wrongful termination claim against your employer, an experienced employment lawyer will be a critical ally.
During your initial consultation, your attorney will review the details of your situation to determine if you have a viable wrongful termination claim so you don’t waste your time and resources. If you pursue a lawsuit, your wrongful termination lawyer will also explain your rights, legal remedies, and potential compensation.
If you decide to move forward, your attorney will:
- Help you gather and organize any documentation, emails, text messages, voicemails, or other relevant records that show a pattern of wrongful behavior or inconsistencies by your employer.
- Identify and interview potential witnesses who can support your claim and testify about your employer’s past wrongful behavior toward you or other employees.
- Plan a legal strategy that pursues your claim most effectively.
- Handle the preparation and filing of legal documents, ensuring they are filed within legal statutes and time limits.
- Negotiate with your employer or their legal representatives to seek a fair settlement that may avoid the need for a lengthy trial.
- If the settlement terms offered aren’t in your best interest, your attorney will represent you in court so you can recover the compensation you deserve.
Hiring an Experienced Lawyer for Wrongful Termination in Bethlehem, PA
If you’ve been dismissed from your job and suspect it was unlawful, you will need skilled legal representation to protect your rights and ensure your best possible outcome. At Saffren & Weinberg, our Bethlehem lawyers for wrongful termination have a profound understanding of federal, state, and local labor laws and are dedicated to helping you get the justice you deserve through a wrongful termination claim. Call us at (215) 576-0100 or schedule a free consultation through our website contact form.
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.