The majority of employment relationships in Pennsylvania fall into the category of "at-will" employment. This form of setup means that either employer or the employee is free to end the employment at any time they desire. The only exception to this are reasons that the law has particularly outlined as impermissible to use as a basis for employee termination.
Employment arrangements that do not qualify as "at will" are not subject to the same limitations and restrictions, so it is essential that you know how your work setup is classified. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Pennsylvania?
The most common illegal ground for terminating a Pennsylvania employee is discrimination. An employer cannot terminate an employee simply for being of a specific race, nationality, religion or gender. Dickson City employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Additionally, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Finally, employees are protected from being terminated by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a Pennsylvania Attorney for My Wrongful Termination Case?
A local Dickson City, Pennsylvania attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.