WRONGFULLY DISCHARGED?

Need a Corporate Litigation Lawyer?

Tough Problem. In Pennsylvania, you can quit for any reason and your employer can fire you for almost any reason, or no reason at all!

But, you're employer, or former employer, cannot create a hostile environment in an effort to make you quit or intending to make your job intolerable, discriminate against you on the basis of gender, race or disability, or fail to follow their own employee manuals or guidelines in disciplining or terminating your employment, or penalize you for "whistle-blowing" or reporting theft or misappropriation of government funds.

If you have been fired, suspended, discriminated against or made to endure a work environment that you believe was created just to injure you, you may have a claim against your employer. Following are some general guidelines. However, because every case is unique, you should consult with an attorney to determine if your rights have been violated. The information provided at this site is not a complete restatement of the "law" on your employment rights in Pennsylvania.

Claims made for discrimination are too complex to discuss in detail on this site. However, it is important to remember that if you believe you have been discriminated against in your employment on the basis of your race, religion, gender or age, that you must file with the EEOC as soon as possible after the act constituting discrimination but in any event no later than 300 days.

In some instances filing with other agencies within shorter time periods is required. Be sure and request your claim is timely cross-filed with the PHRC (Pennsylvania Human Relations Commission) as well. A civil rights action under the anti-discrimination laws has strict filing and pleading requirements. Please consult with an attorney as soon as possible if you believe you have been discriminated against. At a minimum, keep written notes for yourself of the dates and acts complained of.

Employers may generally fire you for any reason or no reason at all. Their decision to terminate your employment does not have to be "fair" but it must be within the letter of the law. For example, an employer cannot fire you for failing to report for work when you informed them that you must report for jury duty. Other public policy reasons exist that may protect your job and give you a claim against your employer, but they are very few and special circumstances.

An employee manual or employer's office manual may give you contract rights to retain your employment, or grievance rights in the event you are suspended or put on probation. To determine if you have these rights you should have an attorney review the manual and advise you of your rights before you make any final decisions.

Lastly, remember that choices and actions made in the heat of the moment can often be disadvantageous. If your employer has created a hostile environment, a work environment that is simply intolerable to any person, and has created that environment in an effort to get you to quit, if you do quit, you make your effort to sue and collect against that employer that much more difficult. Your legal position generally remains stronger by holding onto the position as best you are able and consulting with an attorney about what your next move should be.