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 "at-will" employment is that the employment can not be terminated in a manner that breaks the law.

Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is essential to discover whether your employment is so 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?

In the state of Pennsylvania, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are barred from terminating their employees on the basis of race, gender, religion, or nationality. A Tamaqua employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Furthermore, 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. Finally, an employer may not terminate an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.

Do I Need a Pennsylvania Attorney for My Wrongful Termination Case?

Attorneys in Tamaqua, Pennsylvania may be able to inform you as to whether a wrongful termination has occurred, and can assist you in gathering the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.