Losing your job is stressful, but not every termination is illegal. In Pennsylvania, most employees are subject to the state’s at-will employment doctrine, which allows employers to terminate employment with or without cause. However, employers cannot fire someone for discriminatory, retaliatory, or other unlawful reasons. If your termination involved one of these circumstances, our wrongful termination attorney can evaluate the facts and determine whether you may have a valid claim.
What Is Wrongful Termination?
Many employees believe that being fired unfairly automatically entitles them to sue. Unfortunately, that is not always the case.
Wrongful termination occurs when an employer terminates an employee’s employment in violation of state or federal law, an employment contract, or an established public policy. The focus is not simply whether the employer made a poor decision, but whether the reason for the termination was unlawful.
For example, terminating an employee because of a protected characteristic or for exercising a legal right may violate Pennsylvania or federal law.
What Are the Common Signs of Wrongful Termination?
Every case is different, but certain circumstances frequently raise legal concerns.
Potential warning signs include:
- You were fired shortly after reporting discrimination or harassment.
- Your termination followed a request for medical or family leave. The federal Family and Medical Leave Act generally applies to private employers with 50 or more employees for 20 or more workweeks in the current or preceding calendar year, and to public agencies and elementary and secondary schools regardless of size. An employee generally must have worked for the employer for at least 12 months, worked at least 1,250 hours during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
- You were dismissed after reporting illegal activity or safety violations.
- You were treated differently than similarly situated employees.
- Your employer suddenly changed its explanation for the termination.
- You were replaced by someone outside your protected class under suspicious circumstances.
None of these situations automatically establish wrongful termination. However, they may warrant a closer legal review.
Protection for employees who report wrongdoing depends on the employer and the law involved. Pennsylvania’s Whistleblower Law primarily protects public employees and employees of organizations funded by the government. Some private-sector employees are protected by specific federal laws, such as those covering workplace safety or securities fraud.
Can an Employer Fire You Without Giving a Reason?
Yes. Pennsylvania is generally an at-will employment state, meaning employers usually do not have to provide a reason for terminating an employee.
However, an employer cannot use at-will employment as a shield for unlawful conduct. If the real reason for the termination involves discrimination, retaliation, or another protected activity, the employer may still face legal liability.
The absence of an explanation does not necessarily mean the termination was lawful or unlawful. What matters is the evidence surrounding the employer’s decision.
What Evidence Can Help Support a Wrongful Termination Claim?
Many successful employment claims are built on documentation gathered before and after the termination.
Helpful evidence may include emails, text messages, performance evaluations, disciplinary records, employee handbooks, and communications with supervisors or human resources. Witnesses who observed discriminatory conduct or inconsistent treatment may also provide valuable information.
Timing can also be important. If an employee is terminated shortly after reporting unlawful conduct or requesting a workplace accommodation, that sequence of events may become relevant when evaluating a claim.
The stronger the documentation, the easier it becomes to evaluate whether the employer’s stated reason for termination is supported by the facts.
What Should You Do After Being Terminated?
The decisions you make immediately after losing your job can affect your legal rights.
If you believe your termination may have been unlawful, consider taking these steps:
- Request copies of employment records that are available to you. Pennsylvania law generally gives current employees – and certain employees on leave or laid off with reemployment rights – the right to inspect portions of their personnel files
- Preserve emails, performance reviews, and other relevant documents.
- Write down your recollection of important conversations while they are still fresh.
- Avoid deleting electronic communications related to your employment.
- Do not take confidential company documents or access your employer’s systems without authorization, which can create separate legal problems.
- Be cautious about signing severance agreements before understanding their legal effect. When an employer asks an employee age 40 or older to waive federal age-discrimination claims in a severance agreement, the employee generally must receive at least 21 days to consider the agreement, or 45 days in a group termination program, followed by seven days to revoke it after signing.
Taking these steps can help preserve evidence while you evaluate your options.
How Long Do You Have to Bring a Claim?
The deadline to pursue a wrongful termination claim depends on the legal basis for your case. If your claim involves unlawful discrimination, or related retaliation, under laws such as Title VII of the Civil Rights Act or the Pennsylvania Human Relations Act, you generally cannot file a lawsuit immediately. Instead, you must first file an administrative charge with the appropriate agency and satisfy the required administrative process before pursuing most court claims.
Claims under the Pennsylvania Human Relations Act generally must be filed with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the alleged discriminatory act. For many federal discrimination claims, employees generally have 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC).
In many cases, the PHRC and EEOC have work-sharing procedures that allow a charge filed with one agency to be cross-filed with the other. Whether a filing preserves a particular state or federal claim can depend on the allegations, the agency charge, and applicable deadlines. Filing within 180 days is often the safer approach for preserving potential Pennsylvania-law claims. However, a charge filed with the EEOC more than 180 days after the termination may preserve federal claims while losing claims under Pennsylvania law.
These deadlines are strict, and different employment claims may follow different procedural rules. For example, claims under the federal Family and Medical Leave Act do not require an administrative charge and generally must be filed in court within two years, or three years for willful violations. Claims under the Pennsylvania Whistleblower Law generally must be filed in court within 180 days. Speaking with an attorney soon after a termination can help ensure the appropriate filings are made on time and preserve your ability to seek relief.
Talk to a Wyomissing Wrongful Termination Attorney
Not every termination violates the law, but neither should every employer’s explanation be accepted without question. When the facts suggest discrimination, retaliation, or another unlawful motive, a careful legal evaluation can provide clarity. If you believe you were wrongfully terminated, contact Kozloff Stoudt for a confidential consultation.