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. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract procedures.
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 certain race, nationality, religion or gender. An employer in Gettysburg also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employers may not terminate 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 Gettysburg, 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.