Pennsylvania & New Jersey
DON’T LET YOUR EMPLOYER FIRE YOU!
Has your employer treated you differently because of your race, sex, religion, sexual orientation, age, or disability? Did this treatment result in you being fired, demoted, losing a promotion, or being paid unequally?
Even if you are an “at-will” employee, the law protects you from being the victim of discrimination. Additionally, if an employee can establish that their termination breached a preexisting employment contract, a private action for wrongful termination can be brought in court.
Wrongful terminations usually involve getting fired. Under Title VII of the Civil Rights Act of 1964, certain employers are forbidden from taking certain employment actions – including decisions relating to hiring, firing, salary, benefits, or promotional opportunities – based on race, sex, religion, color, ethnicity, sexual orientation, or national origin of an employee. Employees over the age of 40 cannot be fired or subject to an adverse employment action because of their age as a result of the Age Discrimination in Employment Act. Disabled Americans working in the private and public sectors receive protection via the Americans with Disabilities Act, which not only prohibits discrimination such as racial discrimination or pregnancy discrimination it also requires companies to make reasonable accommodations for their pregnant and disabled employees.
These laws also prevent employers from retaliating against an employee because that employee made a good-faith complaint about discrimination. Let our wrongful termination lawyer in Philadelphia, PA help you.
Companies are held to similar standards under local law, pursuant to the Pennsylvania Human Relations Act and the New Jersey Law Against Discrimination.
Employees in Pennsylvania and New Jersey are usually considered to be “at will.” But this does not mean that your employer can fire you for any reason whatsoever. You have rights.
Your employer may not discriminate against you because of a “protected characteristic” such as age, gender, religion, sexual orientation, disability status, national origin, ethnicity, or color. Your employer may also not retaliate against you because you made a complaint about discrimination, or because you spoke out about some other wrongdoing. In order to establish a valid claim of retaliatory discharge, a victim must show that they participated in a protected activity, such as reporting discrimination or harassment, at their place of business. The victim must also establish that they were fired or otherwise punished for their participation.
If you have an enforceable employment contract, then you are not considered to be “at will,” and the terms and conditions of your employment are dictated by that contract. If your employer violates the terms of the contract, then you may have a viable lawsuit.