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 critical 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?
Discrimination is the most common unlawful grounds for terminating an employee in Pennsylvania. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer also may not fire an at-will employee in retaliation for the employee starting an investigation into discrimination or filing a legal claim of discrimination against the Duryea employer.
Moreover, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a Pennsylvania Attorney for My Wrongful Termination Case?
A local Duryea, 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.