Best Wrongful Termination Lawyers in Scranton

About Wrongful Termination Law in Scranton, United States

Wrongful termination in Scranton, located in the Lackawanna County of Pennsylvania, involves cases where an employee believes they have been dismissed from their job illegally. While Pennsylvania is an "at-will" employment state, meaning employers can generally terminate employees for any reason, there are critical exceptions where the dismissal may be considered wrongful. This includes terminations violating contractual agreements, anti-discrimination laws, retaliation for whistleblowing, or breaches of implied contracts. Understanding these nuances is crucial for individuals who believe they may be victims of wrongful termination.

Why You May Need a Lawyer

Several scenarios may necessitate seeking legal assistance for wrongful termination in Scranton:

• You suspect your termination was based on race, gender, age, disability, or other discriminatory factors protected under federal or state law.
• You believe you were fired in retaliation for reporting illegal activities or unsafe working conditions (whistleblower retaliation).
• Your employer terminated you in violation of the terms specified in an employment contract.
• You think you were dismissed because you exercised your rights, such as taking family or medical leave under the Family and Medical Leave Act (FMLA).
• You suspect wrongful termination in connection with filing a workers' compensation claim or other lawful claim against the employer.

In such cases, a lawyer can help interpret the complexities of employment law, negotiate settlements, and represent your interests in court if necessary.

Local Laws Overview

Employment laws in Scranton, Pennsylvania, encompass both federal and state regulations that protect workers from wrongful termination. Key aspects include:

• Pennsylvania Human Relations Act (PHRA): Prohibits employment discrimination based on race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability.
• Title VII of the Civil Rights Act: Prevents employers from engaging in discriminatory practices in hiring, firing, and other employment terms.
• Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities from discrimination in the workplace.
• Family and Medical Leave Act (FMLA): Grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.

While these laws provide a baseline of worker protections, understanding how they apply to specific situations can require professional legal advice.

Frequently Asked Questions

What constitutes wrongful termination in Scranton?

Wrongful termination involves being fired for reasons that breach state or federal laws. This includes discriminatory reasons, retaliation against whistleblowers, or termination that violates an employment contract.

Is Scranton an at-will employment region?

Yes, Pennsylvania is an at-will employment state, meaning employers can terminate employees for any legal reason or no reason at all, except if it infringes upon specific legal protections.

Can I sue my employer if I believe I was wrongfully terminated?

If your termination falls under protected criteria, such as discrimination or retaliation, you may have grounds to file a lawsuit. Consulting with a legal professional can help assess your case's viability.

How do I prove wrongful termination?

Proof requires documentation and evidence of discrimination, retaliation, or breach of contract. This can include emails, witness accounts, and employment records.

What is the statute of limitations for wrongful termination claims in Pennsylvania?

This depends on the nature of your claim. Federal and state claims typically have different time limits, and it's crucial to act quickly. Consult a lawyer to ensure timelines are correctly followed.

Can I seek compensatory damages?

If successful, you may be entitled to various damages, including lost wages, reinstatement, emotional distress, and sometimes punitive damages, depending on the nature of the violation.

Does filing a workers’ compensation claim protect me from termination?

You cannot legally be terminated for filing a workers' compensation claim, as it's protected under state law. Such actions may be grounds for a wrongful termination claim if it occurs.

What steps should I take immediately if I suspect wrongful termination?

Document everything related to your employment and dismissal, request a written statement for your termination, and consult with a wrongful termination attorney to assess your case.

Do I need to go to court?

Not necessarily. Many wrongful termination cases are settled out of court. However, if a satisfactory settlement cannot be reached, court proceedings may be necessary.

Can I be fired for discussing wages with coworkers?

The National Labor Relations Act protects employees who discuss wages or working conditions with coworkers from termination or discipline.

Additional Resources

Here are some helpful resources for individuals facing wrongful termination issues in Scranton:

• Equal Employment Opportunity Commission (EEOC)
• Pennsylvania Human Relations Commission (PHRC)
• National Labor Relations Board (NLRB)
• Scranton Legal Aid Office
• Pennsylvania Law Help

Next Steps

If you believe you have been wrongfully terminated, consider taking the following steps:

1. Organize Documentation: Gather all relevant documents, such as employment contracts, termination notices, and any correspondence related to your dismissal.
2. Seek Legal Guidance: Consulting a lawyer who specializes in employment law can provide clarity and help determine if you have grounds for a claim.
3. File a Complaint: If advised, file a formal complaint with the EEOC or EEOC or the PHRC before pursuing a lawsuit.
4. Negotiate or Litigate: Follow your attorney’s advice on whether to settle the case through negotiation or proceed to court.

Taking immediate action and seeking professional advice is critical to asserting your rights and achieving a favorable outcome.