Wrongful Termination

At Polishan Solfanelli, we understand how devastating a sudden job loss can be, especially if you suspect your termination was unfair or unlawful. Our experienced attorneys have been guiding individuals in Scranton, Pennsylvania toward justice in wrongful termination cases, working diligently to protect employment rights. If you were let go for retaliating against workplace misconduct, facing discrimination, or challenging unlawful practices, you may have grounds to pursue a claim. We take the time to analyze the details of your situation and craft a legal path designed around your individual needs. Our goal is to help you navigate the complexities of employment law while seeking fair remedies that address your losses. At Polishan Solfanelli, we are committed to providing zealous representation for workers who believe they were subjected to wrongful dismissal. Call 570-562-4520 today to arrange a confidential consultation and learn how our Scranton-based team can pursue justice on your behalf.

Employment at Will and Its Exceptions

In Pennsylvania, most employment relationships are governed by the at-will doctrine. Under this doctrine, employers can generally terminate a worker for nearly any lawful reason or even without providing a specific reason. Similarly, employees are free to leave their positions without providing a cause or advance notice. However, this broad discretion is subject to central limits set by state and federal law.

One key category of limits arises under anti-discrimination statutes. If an employer dismisses an employee due to characteristics such as race, color, religious creed, ancestry, age, sex, national origin, disability, or certain other legally recognized traits, that dismissal is not lawful. In Pennsylvania, employees are protected under laws such as the Pennsylvania Human Relations Act (PHRA). Federal statutes, such as Title VII of the Civil Rights Act of 1964 and other laws, complement these protections by prohibiting discrimination on specific grounds. If an employee’s firing appears connected to such a protected trait, it may constitute wrongful termination under anti-discrimination provisions.

Another important limit exists when there is a contractual provision governing termination. A written employment contract, collective bargaining agreement, or implied contract might require “just cause” for termination. Employers who enter into such arrangements must abide by them. Terminating employees in violation of a binding agreement can lead to a potential wrongful termination claim if the contract spelled out conditions or procedures for separation that were not followed. If you believe your rights have been violated regarding wrongful termination, discussing your situation with a lawyer in Scranton, Pennsylvania can help you understand your legal options.

Strengthening the Public Policy Exception

Pennsylvania courts recognize a narrow public policy exception to the at-will doctrine. If an employer fires a worker for engaging in conduct that Pennsylvania law clearly encourages or prohibits an employer from blocking, the worker may have a wrongful termination claim. This includes instances where an employee refuses to perform an illegal act, serves on a jury, or reports serious wrongdoing. Although the public policy exception protects important societal interests, it remains limited. Pennsylvania law generally requires that a specific, well-defined public policy be drawn from the constitution, statutes, or other clear legal statements. In other words, a firing prompted solely by unfairness or moral disagreement usually does not qualify. The employee must point to a policy or principle that the state has definitively recognized and that the termination undermines. If you have questions about your protections under the public policy exception, consider speaking with a Scranton, Pennsylvania attorney.

Whistleblower Protections in Pennsylvania

Pennsylvania has a dedicated statute—the Pennsylvania Whistleblower Law—aimed at safeguarding employees who disclose wrongdoing in public agencies or entities that receive public funds. Under this law, employers cannot retaliate against employees who report waste or unlawful activity to individuals within the organization or to appropriate authorities. If a covered employee is fired for making such disclosures, the termination may be illegal.

However, purely private employers not relying on public funding typically are not covered by the Pennsylvania Whistleblower Law. In those workplaces, anti-retaliation provisions under federal laws or other statutes may still apply, especially if the employee discloses safety violations, discrimination, or other specific legal violations. For example, individuals who participate in investigations of alleged workplace law violations or cooperate with administrative agencies often benefit from additional protections. An employer who punishes an employee for taking part in these protected activities may be liable for wrongful termination.

Constructive Discharge

A constructive discharge occurs when working conditions become so intolerable that a reasonable employee feels forced to resign. Pennsylvania courts often uphold a high threshold for finding constructive discharge, requiring more than interpersonal tension or frustration. Examples that might fit this scenario include severe harassment, significant demotions, drastic pay cuts without justification, or ongoing hostile behavior that no reasonable individual could endure.

Although the employee technically initiates the end of the employment relationship by quitting, Pennsylvania law may treat it as a termination if the employer’s behavior was deliberate or egregious enough to drive the employee out. In many constructive discharge cases, employees need to demonstrate that they attempted to address or resolve the problematic conditions, unless doing so would have been futile or unsafe. That element underscores the state’s interest in encouraging employees and employers to resolve disputes internally if possible.

Filing Complaints and Potential Remedies

A worker considering legal action for wrongful termination under Pennsylvania law should pay close attention to procedural requirements and deadlines. Different claims often have different filing windows and specific processes:

• Discrimination Claims with the PHRC and EEOC: Employees who believe they were fired based on a protected characteristic can file a complaint with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the alleged act. A charge can also be filed with the Equal Employment Opportunity Commission (EEOC), typically within 300 days. In many cases, individuals choose to dual-file, which means they file one charge with one agency (such as the EEOC) and check a box or indicate that they also want to file with the other entity (the PHRC). This preserves both state and federal claims. Following the agencies’ procedures is critical, as employees are generally required to exhaust administrative remedies before bringing a lawsuit in court for claims under state and federal discrimination laws. Failing to meet these filing deadlines or skipping administrative steps may result in losing the right to pursue the claim.
• Whistleblower Claims: Public employees or individuals working for organizations receiving public funds ordinarily bring actions under the Pennsylvania Whistleblower Law. Claims must typically be filed within the statutory deadline in Pennsylvania courts. If timed incorrectly, the opportunity to seek relief may be lost.
• Public Policy Violations: Where an employee’s firing allegedly contravenes well-defined public policy in Pennsylvania, the typical route involves filing a lawsuit directly in state court. Because courts grant this exception sparingly, employees should be prepared to reference the exact source of the policy, whether it is a statute, regulation, or recognized legal principle.

Remedies in wrongful termination cases can include reinstatement, back pay, front pay (when reinstatement is not feasible), compensation for lost benefits, and possibly emotional distress damages if warranted. Punitive damages may also be awarded in certain cases involving malicious or willful misconduct. Beyond that, employees who prevail might recover attorneys’ fees or other costs, depending on the specific law invoked. An attorney in Scranton, Pennsylvania can help guide workers through the filing process and determine what remedies may be available in their situation.

Burdens of Proof and Employer Defenses

Wrongful termination cases often involve a burden-shifting analysis, especially in discrimination or retaliation matters. In such cases, the employee typically must first present evidence suggesting a prima facie claim—for instance, that they belong to a protected group and suffered an adverse action. The employer then must articulate a legitimate reason for the termination that is not discriminatory or retaliatory. If the employer does this, the employee has an opportunity to show that the claimed reason is merely a pretext to cover up discrimination or retaliation.

Employers also frequently raise defenses such as performance issues, attendance violations, or business restructuring. If an employer can demonstrate that it terminated an employee based on legitimate, nondiscriminatory criteria and that the same decision would have been made regardless of any protected activity or trait, the employer may avoid liability. For this reason, employees are encouraged to collect documentation of discriminatory statements, disparate treatment, or timing that reveals retaliation in order to meet their burden of proof if a dispute escalates.

Potential Differences Between Title VII and the PHRA

Although Title VII and the PHRA both forbid discrimination, the remedies and limitations they offer can differ somewhat. Under federal law, compensatory and punitive damages are capped based on the size of the employer. By contrast, Pennsylvania’s PHRA can provide broader avenues for compensatory relief in some circumstances, though punitive damages are typically not available under state law. Employees often pursue claims under both Title VII and the PHRA. Dual-filing gives them the opportunity to secure a fuller range of remedies and ensures that if one pathway has procedural or deadline limitations, the other may still be available for relief.

Just Cause and Collective Bargaining Agreements

Many employees in Pennsylvania may be covered not only by a general at-will arrangement but also by a collective bargaining agreement or an individual employment contract. In those settings, the employer must typically establish “just cause” before dismissing a worker. Valid grounds might include serious misconduct or ongoing poor performance. If the employer fails to demonstrate just cause, the employee might pursue grievance procedures or arbitration, depending on the terms of the contract. Unlike at-will employees, these individuals have more job security because they can challenge terminations through contract-based channels, rather than relying solely on statutory protections.

WARN Act Considerations

Under the federal Worker Adjustment and Retraining Notification (WARN) Act, certain employers must give at least 60 days’ notice before implementing large-scale layoffs or closing facilities. This generally applies to larger employers that meet specific size thresholds. While a WARN Act violation is not always labeled as a wrongful termination per se, affected employees may seek damages if they lose their jobs without receiving sufficient notice. Available damages can include back pay for each day of insufficient warning.

Some municipalities in Pennsylvania have local ordinances that go beyond federal and state law by protecting additional categories of workers or by imposing different standards on employers. For instance, in certain areas, sexual orientation, gender identity, or familial status may be explicitly covered. Employees who have been terminated under circumstances that might be covered by local protections should determine if their municipality offers an additional avenue for redress. Filing procedures and deadlines may differ from state and federal options, so it is wise to research and adhere to those local provisions in a timely manner. Speaking with a Scranton, Pennsylvania lawyer can help you understand how local ordinances may apply to your case.

Defamation Concerns

Apart from losing a job, an employee may suffer harm to their reputation if the employer makes untrue statements about the reasons for a dismissal. If an employer spreads knowingly false statements that damage an individual’s ability to secure new employment or otherwise tarnish the individual’s reputation, a defamation claim may be viable. Under Pennsylvania law, defamation cases generally require showing that a false statement was “published” to a person or entity other than the claimant, leading to harm. If the falsehood and resulting harm are strongly tied to the termination, they may strengthen an overall wrongful termination lawsuit by demonstrating additional types of damage.

Narrow Scope of Public Policy Protections

Although Pennsylvania does recognize a public policy exception to at-will employment, it is worth emphasizing the narrow nature of this approach. Employees may feel a termination is unjust, but not all terminations that seem unfair to an outside observer violate public policy. Pennsylvania courts typically insist on a concrete legal foundation—either statutory, constitutional, or a recognized regulation—underpinning the policy at stake. If an employee’s dismissal does not run counter to such a specific policy, a claim under this exception likely will not prevail. This limitation means that strict proof is often needed to connect the firing to a policy that the court believes is essential to uphold.

By recognizing these central principles, Pennsylvania workers can better assess potential claims for wrongful termination. Whether the issue involves direct discrimination, a breach of contract, retaliation for reporting serious misconduct, or a contravention of recognized public policy, taking timely and informed steps is crucial. Timelines for filing grievances with administrative agencies, understanding defenses an employer may raise, and exploring multiple layers of legal protection—state, federal, and local—all play a part in mounting an effective response to suspected wrongful termination.

Remedies for Wrongful Termination

Whether you’ve encountered discriminatory treatment, contractual violations, retaliation, or other protected activity issues, various remedies may be pursued to address wrongful termination in Pennsylvania. Potential legal outcomes can include reinstatement, back pay, front pay, or compensation for lost benefits and emotional distress, depending on the specific law and circumstances. Punitive damages may also be awarded when misconduct is willful. Successfully challenging an employer’s actions can help restore your sense of fairness and ensure that your rights remain secure. When you face these complex matters, it is wise to have legal guidance from individuals who are prepared to identify an effective approach for your case. With experienced lawyers in Scranton, Pennsylvania, at Polishan Solfanelli, you can discuss your unique situation and equip yourself with a thorough legal plan. From navigating agency filings, to assessing timing requirements, to confronting employer defenses, thorough preparation is crucial to a strong case. Even if you feel uncertain about your next steps, taking prompt action could improve your likelihood of achieving a favorable result. Knowledge of local, state, and federal rules often makes a significant difference in securing deserved relief. By examining every angle—such as potential defamation claims, public policy exceptions, or whistleblower statutes—you strengthen your position in negotiations or litigation. When you are ready to move forward, call Polishan Solfanelli at 570-562-4520. Taking swift, informed steps can open doors to legal remedies that reaffirm your workplace rights and help you move on with greater confidence. This approach can safeguard your future employment opportunities in Scranton.