The majority of employment relationships in Pennsylvania fall into the category of "at-will" employment. This type 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 specifically 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 important 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 can 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 illegal grounds for terminating an employee in Pennsylvania. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. Employers in East Stroudsburg may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Also, 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, employers may not fire workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.
Do I Need a Pennsylvania Attorney for My Wrongful Termination Case?
A local East Stroudsburg, Pennsylvania attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.