Wrongful termination refers to cases of illegal firing based on some sort of impermissible purpose, like discrimination or retaliation. While you can also file lawsuits for other kinds of adverse actions at work, wrongful termination is one of the most common.
In the eyes of someone who has just been fired, every termination feels wrongful, but our attorneys can assess your case and help you determine whether you have grounds for potential reinstatement or money damages for something that legally constitutes wrongful termination.
Call our wrongful termination lawyers at Leeson & Leeson today for a free case review by calling (610) 890-6332.
What Constitutes Wrongful Termination in Allentown, PA?
Our wrongful termination lawyers can help workers file claims for many different kinds of unfair terminations, but the termination has to actually be unlawful, a breach of contract, or some other kind of redressable wrong. Employers often have broad grounds to fire workers for legal reasons, and courts are reluctant to get in their way when realistic grounds for termination are there, making it sometimes difficult to prove these cases.
Illegal Reasons for Firing
One common illegal reason for firing workers is discrimination. To win a case based on discrimination, you would have to show that you were fired because of a protected characteristic like your religion, race, or sex. Then, you would have to show that you were actually qualified for the job, and other similarly situated employees who were outside the protected class did not face the same kind of mistreatment.
Sexual harassment or harassment for some other reason can also be the cause of wrongful termination in a few ways. One is where the victim of harassment is fired because they refused to give in. A second is where others are fired for failing to go along with harassment.
Retaliation is another common reason for termination, and it can often link to discrimination or harassment. If you reported your own or someone else’s discrimination or harassment, you might end up being fired because the company would rather not deal with the issue or because they want to punish you for reporting it. Retaliation also often occurs after filing a legal claim for another issue or after you make a report under whistleblower protections.
Terminations in violation of other legal provisions, such as protections for striking or unionizing, might also be illegal. It is also usually illegal to fire someone for fulfilling a legal requirement, such as reporting a crime.
Wrong But Not Illegal Reasons for Firing
Sometimes firings occur on dubious grounds that violate some rule or agreement. In these cases, they are not patently illegal in that the employer did not violate some antidiscrimination statute, but the firing might still lead to monetary damages or reinstatement to your position.
This usually comes up in contract employment cases where the worker has a contract in place to dictate for-cause options for firing them and an end date to their contract. If you are fired for a reason not given on that list or you are fired before the contract expires, it is possible you could be entitled to damages under the contract or potential reinstatement to your position to carry out the rest of your contractual term.
Other cases involve employers not following their own handbook policies. In these cases, an employee handbook might say that employers cannot be fired without proper procedures that, if skipped, could entitle you to damages or reinstatement.
Legal Reasons for Firing
Wrongful termination cases cannot be filed just because the firing was unfair or because it felt morally wrong. Without an employment contract in place, Pennsylvania otherwise works on an at-will employment basis, meaning that you can be fired for any reason or for no reason at all. Your employer can cut your job just because they want to save money, or they can fire you because they do not like you or do not get along with you.
However, it is always important in these kinds of cases to recognize that wrongful termination cases usually involve a facially legal reason. Employers will often give some kind of excuse for firing you that would be legal, but they do this only to cover up illegal reasons. This is typically called a pretextual excuse, and our lawyers often need to spend much of our research and work on your case finding evidence to overcome these false excuses for termination.
Damages for Wrongful Termination Victims in Allentown, PA
Losing your job is difficult, and it can affect your life and your finances in a number of ways. The following areas of damages can often be claimed in your wrongful termination case:
Lost Income
As long as you are out of work because of wrongful termination, you are not receiving the income you were entitled to. The false reason given for your termination might also affect your eligibility for unemployment benefits and future employment, potentially leading to further lost income down the road.
If you were able to pick up work in the meantime, but the position and income are not comparable to the job you were fired from, then you might be entitled to damages to make up the difference in wages, too.
Lost Benefits
When you lose your job, you often lose your health insurance and other potential benefits, too. These benefits have a monetary cost you can often recoup. Along with this, you may have to pay more for COBRA or ADA Marketplace insurance, and the difference in cost might be claimed as damages.
Job Search Costs
Today, most job search apps and websites are free to access, but resume services and other more traditional job-seeking avenues might cost money for applicants. These costs can also be claimed in your case as a consequence of your illegal firing.
Emotional Distress and Non-Economic Damages
Being fired can be embarrassing. Being discriminated against can be hurtful. Applying to new jobs with an unjustified black mark on your resume can be incredibly stressful and worrying. All of these emotional and mental experiences and more can have “non-economic” damages claimed for them.
Punitive Damages
When employers break the law, the law often has a specific provision for additional damages to punish them. If not, the circumstances of the case might authorize the judge to order punitive damages, too.
Call Our Allentown Wrongful Termination Lawyers Today
Call Leeson & Leeson’s wrongful termination lawyers at (610) 890-6332 for a free case assessment.