Unless you have a written contract with your employer, which specifies the length of your employment or the conditions under which your employment can be terminated, you are considered an “at will” employee. This means that your employer can hire and fire you for any reason, or for no reason at all.

Three categories of employees are not considered to be at-will employees. If you are represented by a union and covered by a collective bargaining agreement which specifies that you can be only be terminated for "just cause"; or if you are a government employee protected by civil service laws, which also requires "just cause" to terminate you, or, if you are protected by a written contract as discussed above, you may not be an at will employee.

However, even if you do not fit into any of these three categories and are an at-will employee, there are still laws that protect you from being wrongfully terminated.

ANTI-DISCRIMINATION LAWS: Both state and federal laws protect individuals from being fired based on race, sex, religion, national origin, gender, pregnancy, disability and age.

ANTI-RETALIATION LAWS: Most federal and state employment laws prohibit employers from disciplining or discharging an employee for attempting to enforce their rights under state or federal laws.

WHISTLE BLOWER PROTECTION: Many states have passed laws which prohibit employers from firing employees who report suspected violations of state or federal laws, rules or regulations. Unlike anti-retaliation laws, whistle blower laws are not limited to workplace violations.

STATE COMMON LAW EXCEPTIONS: Many state courts, including Pennsylvania, have created an exception to the employment at will doctrine which makes an employer liable for damages caused to an employee whose termination is contrary to public policy. Four types of firing which have public policy implications are: (1) firing an employee who refuses to perform an illegal act; (2) firing an employee who reports a violation of law; (3) firing an employee who engages in acts that public policy encourages, such as cooperating with government officials investigating the employer; and (4) firing an employee for exercising certain statutory rights.

Call Marc Pachtman, Esq. toll free at 866-86TOUGH (86844) now to discuss your situation. The law limits the time you have to file with governmental agencies after the discrimination occurs. We urge you to call us as soon as possible so you do not lose your right to pursue a claim.

The initial phone consultation is always free, and many cases are handled on a contingent fee basis where we don't get paid until you do.