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 not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in Pennsylvania?
In the state of Pennsylvania, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Lancaster County 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.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Finally, employers are prevented from firing 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 Lancaster County, 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.