Popular searches:
layoff laws wrongful dismissal severance pay laws job termination
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Pennsylvania Wrongful Termination Laws
Pennsylvania has a number of complex state statutes that add to federal discrimination laws protecting employees from wrongful termination. The primary examples of federal laws are the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. As an “at will” state, Pennsylvania allows employees and employers to terminate employment relationships for any reason; however, that freedom is somewhat limited by the protections for employees found in discrimination and wrongful termination laws. When those laws are violated, they provide legal opportunities for employees to file claims and civil actions for remedies.
Pennsylvania’s Specific Labor Laws
The Pennsylvania wrongful termination and discrimination laws that supplement federal regulations are found in the following chart:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$7.15; for employers with more than 10 employees; others $6.65 |
Maximum tip credit $2.32; minimum wage for tipped employees $2.83 |
|
State Military Leave |
Yes |
Employees drafted, who enlist, or who are called into active duty with state or U.S. forces are entitled to unpaid leave; guaranteed reinstatement, benefits, and seniority upon return; termination or discrimination prohibited; employee entitled to 30 days’ health insurance continuation benefits at no cost |
|
Jury Duty |
Yes |
Unpaid leave (for retail or service employers with 15 or more employees & manufacturers with 40 or more employees); employee may not be penalized or discriminated against for serving; employees not eligible for unpaid leave may be excused; employees called as witnesses or victims, or family members of victims or witnesses also entitled to unpaid leave |
|
Voting |
No |
|
|
Garnishment |
Yes |
For child support garnishments only; employer fee 2% of amount withheld per child support payment, termination prohibited for wage garnishment (no number of garnishments specified) |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
Employers may only consider felony and misdemeanor convictions if they directly influence employee’s ability to do the job; employee must be informed in writing if disqualification is due to criminal record |
|
Discrimination |
Yes |
For 4 or more employees; for age (40 to 70); national origin; disability (physical or mental); gender; pregnancy/ childbirth; race; religion; familial status; GED rather than high school diploma; use of guide or service animal |
|
Whistleblower |
Yes |
For both public and private employees; employer cannot terminate or discriminate against employee for reporting violations; apply to motor carrier safety standards, laws, or regulations when employee refuses to operate commercial vehicle that does not comply with safety laws |
|
Plant Closings |
Yes |
Applies to current or planned plant closings and business takeovers; potential new owner must notify state securities commission, target company, and collective bargaining agent in writing 20 days in advance about plans for closing down, making major changes in employment policies, or changing collective bargaining agreements |
*These laws change often, so consult local statutes for the most up-to-date information.
Pennsylvania Discrimination Laws
There are a number of state standards to guide employees in filing claims and lawsuits against employers who violate discrimination laws:
- Pennsylvania law allows state agency claims to preempt private lawsuits.
- While state agency claims have priority, when those claims are exhausted or dropped, employees may file private lawsuits
- Employees may have the right to recover attorney’s fees for successful lawsuits or claims at the discretion of the courts.
- Employees are required to file claims or civil suits for discrimination or wrongful termination within 180 days through state agencies, and within 2 years for private actions.
Filing a Claim for Wrongful Termination
Employees who find themselves victimized by wrongful termination or discrimination in the workplace should contact the local EEOC office or the Human Relations Commission and file a claim. Once they investigate and determine if that claim is valid, they will attempt to mediate a settlement with the employer. If that is unsuccessful, they may file a civil suit for remedies, or they may drop the case and allow the employee and their employee relations lawyer to file a private lawsuit.
Legal Remedies for Wrongful Termination
Federal and state laws provide for a number of remedies that an employee may pursue through a claim or lawsuit, depending on the violation and the applicable statutes:
- Reinstatement of benefits and position
- Lost wages
- Punitive damages
- Attorney’s fees and court costs
- Compensation for stress and suffering
- Injunctive relief in the workplace
In addition to the standard remedies in wrongful termination and discrimination laws, there are some additional penalties employers may face for certain violations:
Jury duty – liable for back pay, benefits, attorney’s fees, and possible reinstatement
Garnishment – child support withholding, for violating employee rights, fines of up to $1,000 and damages; for noncompliance with support orders, contempt of court and possibly jail
Whistleblower – fines of up to $500; for intent to discourage disclosure of criminal activity, subject to suspension from public service for up to 6 months unless official holds an elected public office
No employer has the right to take advantage of an employee and deny their civil rights. That is why there are so many specific and detailed protections in federal and state laws against wrongful termination and discrimination today. Employees should consult an employee rights lawyer to discover if they have grounds to file a claim through stage agencies. If so, their attorney can help ensure the agency pursues their case aggressively, and if the case goes to civil court, that attorney may be prepared to help provide a winning strategy.
Local Resources
Regional EEOC Branches
Philadelphia District Office
21 S. Fifth Street, Suite 400
Philadelphia, PA 19106
215-440-2600 or 800-669-4000
TTY: 215-440-2610 or 800-669-6820
FAX: 215-440-2606
Pittsburgh Area Office
1001 Liberty Avenue. Suite 300
Pittsburgh, PA 15222
412-644-3444 or 800-669-4000
TTY: 412-644-2720 or 800-669-6820
FAX: 412-644-2664
Human Relations Commission
Harrisburg, PA
717-787-4410
www.phrc.state.pa.us