Being fired from your job is a frightening experience: You may be unsure of where to go, or what to do next.
However, it's possible that your termination would be considered “wrongful,” and you may have legal recourse against your former employer for letting you go.
Wrongful termination cases can be tricky though, since most employment is considered “at will,” meaning that an employer can fire any employee for any reason that isn't against the law.
How can you tell that you've been wrongfully terminated?
Your Employer Cannot Violate Public Policy
There are certain conditions that an employer cannot fire you for, including:
- serving in the military
- serving on a jury
- taking time out of your work day to go vote.
These actions are protected by law, and should have no impact on your employment. If your employer has fired you for any of these reasons, it is important that you discuss your case with an attorney as quickly as possible.
Your Employer Cannot Discriminate Against You
If your employer has shown discrimination against you by firing you, they have violated the Equal Employment Opportunity laws in the state of Pennsylvania.
An employer cannot fire an employee due to:
- disability status
- pregnancy status
- sexual orientation
- national origin
Although discrimination terminations are more difficult to prove, if you have evidence that your employer terminated you for one of the above reasons, you may have a case.
Your Employer Cannot Retaliate Against You
Employers cannot retaliate against certain actions made by employees if those actions are protected by law.
For example, your employer cannot fire you in retaliation for:
- reporting sexual harassment in the workplace
- reporting discrimination in the workplace
If you reported that your employer sexually harassed you while at work and he or she subsequently fired you, you may have a Pennsylvania wrongful termination case.
Your Employer Cannot Commit Fraud
In some cases, an employer commits fraud when terminating an employee. An example of this would be if an employer forced you to resign through fraudulent activity.
“Proving fraud is much more complex than proving discrimination or retaliation, since you must be able to show clear evidence of several things, including that the employer intended to deceive you.”
What Can You Do if You Are Wrongfully Terminated?
If you suspect that you were a victim of wrongful termination, it is critical that you speak with a seasoned Pennsylvania wrongful termination attorney about your case as soon as possible. You may be able to get your job back, or receive compensation for the financial hardship you endured following your termination.
Attorney Sean A. Casey, Esq. is a Pennsylvania employment law attorney with experience in a variety of termination cases. He can apply his expertise and resources to your case.