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Proving wrongful termination can be challenging

On Behalf of | Aug 11, 2023 | Employment Law (Employee)

Losing a job is a devastating experience for most people. For many of us, our jobs are more than just a paycheck. They allow us an opportunity to use our skills and knowledge, as well as provide us with a daily purpose and social interaction.

A job loss is even worse when you feel you have been terminated for an unfair reason or your rights were violated. You may seek to file a wrongful termination claim, but prevailing on this claim in Pennsylvania could be difficult.

What at-will employment means

Like many states, Pennsylvania is an at-will employment state. This generally means that your employer can terminate you without providing a reason, or for any reason at all.

There are some exceptions to this rule, such as if your firing was against public policy. However, proving a public policy violation is extremely challenging.

Your termination will likely only be found to be against public policy if your employer violated certain state statues. Alternatively, your termination could be found to violate public policy if your employer handled it in such a visibly unfair manner that the violation is obvious.

As you can imagine, this is a gray area and; therefore, many wrongful termination claims involving a public policy violation cannot be settled. However, before you decide to litigate your claim, you must make sure you are thoroughly prepared with enough evidence.

The importance of strong evidence

Gather as much evidence as you can that supports your claim for wrongful termination. This usually includes your personnel file, your pay records and any written employer policies, such as an employee handbook.

You should also keep written documentation of every communication with your employer, as these communications are often used as evidence.

Once you have your evidence ready, it is best to have your case evaluated by a professional to get a realistic assessment of your chance of success.