Employment Law Defense

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Pennsylvania is an “at-will” employment state. This means that unless an employee is employed under a contract or similar agreement, an employer may generally terminate an employee without cause. Although this would seem like an employer may always fire an employee for any reason, this is not the case.

 

Under Pennsylvania and federal employment law, employers are prohibited from terminating the employment based upon any of the following:

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• Race

• Pregnancy

• Religion

• Gender

• Family status

• Disability

• Age, if the employee is over 40

• If the employee is a “whistleblower”

• If the employee has a GED instead of a high school diploma

 

If an employee claims that their termination was illegal, they will often sue their employer for damages.  The worker may seek relief by filing a formal complaint to the government branch responsible for enforcing the appropriate law and/or filing a lawsuit with the help of a lawyer.

 

Normally, to report workplace retaliation, the employee does not have to be 100 percent positive that the employer broke the law. The employee must only logically believe that they have been illegally targeted. It is left to the discretion of the associated government agency or an attorney to decide if the employer violated any code of conduct.

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If you as employer have been sued for the wrongful termination of an employee the experienced Commercial Litigation of Gibson&Perkins can defend you.  

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