While leaving a job may open up new and better opportunities, having your employment terminated can be a heavy financial and personal blow. If you suspect your employer let you go for illegal or unethical reasons, you may have a wrongful termination case. A lawyer experienced in unfair termination situations can help you understand the relevant employment laws and explore your options.
What Is Wrongful Termination?
Regarding employment, Pennsylvania is an “at-will” state, meaning that unless you have union protection or an individual employment contract, your employer may dismiss you without cause. However, there are legal limits on the reasons employers may terminate employment. Examples of situations that could constitute wrongful termination include firings due to discrimination based on:
- Race
- Religion
- Gender
- Age, if over 40
- Disability
- Family status
Other illegal actions include firing as retaliation for whistleblowing, filing a workers’ compensation claim or refusing to participate in a crime at the employer’s request. The legal protections against discrimination and other forms of wrongful termination include:
- Federal Equal Employment Opportunity (EEO) Laws: The Civil Rights Act, the Americans With Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA) and other federal EEO laws prohibit firing employees based on protected characteristics like race or gender.
- The Pennsylvania Human Relations Act: This state law prohibits dismissing employees based on discrimination or retaliation for exercising rights like using their allotted leave or reporting violations.
Do I Have a Wrongful Termination Case?
Wrongful termination can be challenging to establish. The laws include many “gray areas.” Consulting a Pennsylvania wrongful termination attorney can help determine if your situation counts as wrongful termination. If you have a contractual agreement instead of a standard employer-employee relationship, an attorney can examine the terms to check if the termination may have resulted in a breach of contract.
Depending on your situation, a successful wrongful termination case may require:
- Collecting employment documents: Gather documents like your employment contract, employee handbook and the termination notice if you have one. These establish facts like your rights as an employee and any official reasons for your termination.
- Recording details about the termination: Write down all the details surrounding your termination and gather any supporting evidence, including emails and witness statements. Key details include what events led up to your dismissal, who was involved in it and what they said to you during the conversation. Collect any performance review reports. If you scored well in these, you have a better chance of showing your termination was wrongful.
- Checking laws and precedents: Check whether your dismissal may violate any laws, such as anti-discrimination laws. An attorney can help you understand the legislation and how courts have handled previous cases like yours.
- Interviewing coworkers: Speak with other employees about their experiences with the same employer. For example, you may learn that the employer handled a similar situation differently when the employee was of a different race or gender. Testimonies about details like these can help establish wrongful termination.
- Filing a claim: If you believe you have a case, consider filing a wrongful termination lawsuit with a state or federal court. You’ll need to meet the statute of limitations deadline, which may be 180-300 days, depending on the violation. In some circumstances, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Division of Civil Rights (DCR). A wrongful termination lawyer can guide you through the steps to file your lawsuit.
How Much Is My Wrongful Termination Case Worth?
When you have a strong wrongful termination case, you may be able to negotiate a settlement with your employer without going to court. A seasoned attorney can help evaluate your employer’s settlement offer if they make one and negotiate a fair settlement on your behalf. Settlement amounts vary widely, from a few thousand to tens or even hundreds of thousands of dollars.
If the case goes to court and you successfully sue your employer for wrongful termination, you can recover back wages and fringe benefits owed to you before your termination date and while you were out of work. If you accept a lower-paying job in the meantime, you may also be able to receive compensation for the difference in income.
If your firing caused emotional distress, such as anxiety or depression, you may be entitled to damages for your suffering. You might also be able to receive additional punitive damages if your employer’s actions are considered willful or egregious. The court may also order your employer to pay your attorney’s fees — a good incentive to hire professional legal representation to help you win.
Why Choose Weisberg Cummings as Your Pennsylvania Wrongful Termination Lawyers?
Weisberg Cummings is a Harrisburg-based employment law firm with a long history of representing people in your situation. Our Pennsylvania employment termination lawyers are available for a free consultation to review your case and determine the appropriate legal action — including filing a wrongful termination lawsuit against your employer if warranted.
The team at Weisberg Cummings brings more than 40 years of combined wrongful termination experience to every case. If you decide to file a lawsuit, our team will provide the legal support you need to negotiate a fair settlement or make a persuasive case in court.
Contact us today to schedule a free initial consultation with a Pennsylvania wrongful termination lawyer.
