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Do I Need a Pennsylvania Attorney for My Wrongful Termination Case? A local East Stroudsburg, Pennsylvania attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
Discrimination is the most common illegal grounds for terminating an employee in Pennsylvania. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender.
A local East Stroudsburg, Pennsylvania attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
Premier legal firm in the area. Hopefully you won't need to battle for your legal rights, but if you do, they're the ones to call.
From Business: Led by Stroudsburg personal injury attorneys, Foley Law Firm has been serving its community since the late 1970's. The specialized accident experts at Foley Law…
From Business: Founded in 2001, King, Spry, Herman, Freund & Faul is a law firm that practices in the areas of business, education, employment, family, municipal, public…
From Business: Founded in 1923, Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri is a full-service law firm that specializes in providing a range of legal services to…
From Business: Joseph P. McDonald, Jr., ESQ., P.C. is a locally owned law firm providing general civil practice with emphasis in Business and Real Estate Law. Locally owned and…
From Business: Royle & Durney, Attorneys at Law, was established in Tannersville, Pennsylvania, in 2006. With many years of real estate experience, we deliver high-legal work…
From Business: Stroudsburg Business Law Attorneys of William J. Reaser pursue cases of Business Law, Corporation, and Elder Law in Stroudsburg Pennsylvania. Providing…
An attorney can conduct an investigation into the motives behind your termination, determine if any improprieties occurred and help you recover all compensation that you are due under the law.
If you feel you have suffered a wrongful termination, you must first file a complaint with the Equal Employment Opportunity Commission (EE OC). If the EEOC determines there are grounds to your complaint, it will issue you a right to sue letter (as well as take administrative action against your employer). Upon receiving the letter, you may file ...
If you suffer emotional distress, such as anxiety, depression and other physical symptoms, because of your wrongful termination, you may be able to recover damages . However, the amount of damages is not easily determinable in advance, as it is up to the jury to decide how much to award you.
In cases where the actions of your employer were willful or egregious, you may recover punitive damages . This kind of damages is awarded not because you suffered a particular loss, but to punish your employer for its conduct and discourage others from doing the same.
Pennsylvania is an at-will employment state . This means that unless you are employed under a contract or similar agreement, your employer may terminate you without cause. Although this would seem like an employer may always fire you for any reason, this is not the case.
Once you have determined that you have a valid claim for wrongful termination, you should begin to gather together all of the documents and records that can provide support to your claims. This is known as “evidence.” You will have to provide ample proof of your wrongful termination. This can be a difficult task in a discrimination or retaliation case because there is not always a perfect paper trail.
Study the response from your former employer. Your former employe is the “defendant” in the lawsuit. The defendant must file a response to the lawsuit within 30 days of service of process. In most cases, they will deny most or all of your allegations.
Under federal law, there are several reasons for which the termination of an at-will employee would be considered to be unlawful. The primary reasons for an unlawful termination under California and federal law would be if an employee was fired as a result of being part of any of the following protected classes: 1 Race 2 Gender 3 Age (employees over 40 years) 4 Religion 5 Disability 6 Pregnancy
Chronological Order of Events. Sometimes you can trace your employer’s motivation from the events leading up to the termination. For instance, you might have reported a violation of health regulations at the hotel you are working for. A few days later, you realize your supervisor is avoiding you.
The discovery process is quite lengthy. It can take several months or even several years in some cases. If the case remains unsettled, eventually you will have to work with your attorney in preparation for trial. In order to prevail in a trial, you have to present evidence and gather witnesses.
You can obtain affidavits from them signed under penalty of perjury stating that they were present while discriminatory or retaliatory statements were made about you, or that they were also subjected to a similar or the same type of discriminatory or retaliatory treatment .
The California Department of Fair Employment and Housing (“DFEH”) also provides a means by which you can ensure you are not fired for illegal reasons. Upon submitting a complaint with the DFEH, the department will look into your case to determine if the termination was lawful.