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 "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is crucial to discover whether your employment is so 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 provisions.
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 Wilkes Barre also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or prompting an investigation of discrimination against the employer.
Additionally, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, an employer may not fire 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 Wilkes Barre, 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.