Losing a job is always devastating, but it is even worse when you feel you have been fired unjustly. Luckily, the law protects workers from wrongful termination. If you think you may have a wrongful termination lawsuit, there are a few steps you should take, including reaching out to a reputable lawyer to analyze your case.
Pennsylvania is an at-will state, meaning employees can be fired for no reason at all, or for any legal reason. However, there are still reasons for which workers cannot be terminated, which include:
You also cannot be fired as retaliation for complaining of unlawful discrimination or because you made a workers’ compensation claim.
If you are not sure whether your firing was illegal, consult an employment attorney as soon as possible. Also, keep in mind that you may have a claim if you were harassed or discriminated in the workplace and were then downsized or even resigned yourself. Any time the end of your workplace relationship ends acrimoniously, it may be useful to speak with an attorney to get legal advice.
If you suspect your employer may have acted illegally, it is essential to keep as much documentation as possible. In many cases, illegal action on the part of an employer is difficult to demonstrate, so you need documents to prove wrongful termination. With accurate, specific documentation, it becomes harder for your former employer to allege your firing or resignation was legal.
One challenge with wrongful termination claims is that sometimes the evidence is not officially documented. For example, your manager or employer may make casual comments which you deem discrimination. As soon as you notice such comments, make notes of them and record the date, time, location and the exact words said. This can act as documentation. Keep track of any grievance processes, harassment, work reviews, screening and anything else that seems relevant. You can even ask to see your personnel file and get copies of the documents it contains.
In general, you will want to keep as many documents as possible related to your employment and any discrimination you have suffered. Your attorney may find a variety of materials useful, including:
It can be useful to make two copies of each of the above, organize these records and bring them with you to your initial meeting with an employment attorney. Your attorney can determine which documentation is most relevant and which are needed for your claim.
The time frames for filing wrongful termination claims is often quite short, so be sure to act promptly to make sure you do not miss any deadlines.
Do you feel you were wrongfully terminated? Contact one of the attorneys at Weisberg Cummings, P.C. by calling (855) 716-2367 to schedule a free consultation.
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