Can My Employer Fire Me Without Cause?

Pennsylvania is one of 49 states that practice at-will employment, permitting an employer to terminate or demote an employee without cause or for any legal reason. It is important to note that at-will employment does not apply to employees who are part of a union or work in the public sector. While there is no requirement for an employer to provide a reason for firing you, they may provide one to make their decision appear legitimate. If you have recently been fired or demoted, our employment law attorneys in Harrisburg, PA, are here to discuss your rights under state law.

Exceptions to At-Will Employment

Exceptions to at-will employment include situations such as:

• Terminating, hiring, or demoting someone because of their gender, age, race, color, national origin, religion, disability, or veteran status.
• Penalizing a worker for refusing to engage in illegal activity.
• Acting against an employee due to pregnancy.
• Retaliating against someone planning to file a workers’ compensation claim.
• Punishing a worker for filing a whistleblower complaint or reporting unlawful conduct.
• Firing or demoting an employee for taking legally protected leave.
• Violating an implied contract—whether verbal or written—that specifies termination can only occur for cause.

Federal Laws Protecting Employees from Termination

Specific federal laws protect employees against being fired or demoted for discriminatory reasons or as a form of retaliation. These include:

Family and Medical Leave Act

Under the Family and Medical Leave Act, or FMLA, eligible employees are entitled to job-protected leave for family and medical reasons. In most circumstances, an employee is granted 12 weeks of leave, retaining group health insurance coverage. Although a company or employer is not required to pay an employee during this period, the employee’s prior position must be available to them upon their return.

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act of 1964 safeguards employees against employment discrimination based on their race, color, religion, sex, or national origin. Title VII protects against discrimination in the scope of hiring, firing, compensation, demoting, declining to promote, or any terms or conditions of a person’s employment. Additionally, the Pregnancy Discrimination Act (PDA) of 1978, an amendment under Title VII, prohibits employers from discriminating against pregnant workers or related medical conditions.

Americans with Disabilities Act (ADA)

Under the ADA, individuals with disabilities are protected from discrimination in various situations. Employers are prohibited from discriminating against individuals with disabilities in the workplace. Additionally, reasonable accommodations must be made for workers with disabilities so that they can perform their job duties more easily.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act of 1967 protects employees 40 years of age and older from being discriminated against in the course of hiring, firing, compensation, and promotions. The ADEA aims to create a level playing field for all workers, regardless of age.

Genetic Information Nondiscrimination Act (GINA)

Under GINA, employers are prohibited from discriminating against employees based on their genetic health information. Additionally, health insurance providers are prevented from determining a person’s eligibility and coverage based on their genetic information.

Aggressive Representation from Our Trusted Legal Team

If you have recently been demoted or fired for elusive reasons, you may be wondering if you can take legal recourse. Although Pennsylvania employment law does not require employers to justify terminating an employee, limitations do apply. If you believe that you were terminated due to discriminatory reasons, the legal team at Mette Law would like to hear from you. To schedule a confidential consultation with one of our employment law attorneys, contact us online or call (717) 232-5000 today.