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 a Pennsylvania at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. A Luzerne County employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for 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. 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 Luzerne 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.