This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Complaint Responsibility File For Wrongful Termination In Pennsylvania
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If you are fired because you are pregnant, have a disability, are on maternity leave or complained about illegal discrimination, you may have a wrongful termination case.
Although employers may legally let employees go from their jobs for no reason (when employment is “at will”), it is against federal and state laws to fire someone because of their race, ethnicity, country of origin, gender or sexual orientation, age and/or disability.
In Pennsylvania, wrongful termination occurs when an employee is fired for reasons that are illegal or violate public policy. This can include being terminated based on discrimination, retaliation, or for exercising their legal rights such as taking leave under the Family and Medical Leave Act.
File a complaint: The first option is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC). The agency will investigate the allegations and attempt a settlement.
Key Differences Unlawful termination occurs when an employer fires an employee for a reason that is prohibited by law, while wrongful termination occurs when an employer violates an employment contract or the implied covenant of good faith and fair dealing.
Some laws provide that the individuals who made the decisions may be personally liable for the resulting employment actions. Under these laws, a manager or human resource professional can be sued in his individual capacity rather than as an agent of the company.
Give details about your dispute. Tell the reason you believe you were terminated. Tell any contract or policy provisions that were violated. Tell about any incidents that indicate you were terminated for a prohibited reason. Discuss any documentation you have that support your position.
Individual complaints should typically be filed with the Pennsylvania Department of Labor and Industry or the U.S. Department of Labor. PENNSYLVANIA HUMAN RELATIONS COMMISSION (PHRC) TO PRESERVE YOUR INDIVIDUAL RIGHTS IN YOUR CASE.
Filing a PA Wrongful Termination Claim However, Pennsylvania employment law requires that you first file a complaint with the Pennsylvania Human Relations Commission, which enforces that state's laws prohibiting discrimination in the workplace.