Things you should know about employment law.
- How do I know if my employer discriminated against me?
- Can I sue an employer for discrimination if I was not fired?
- In Pennsylvania can I be fired for no reason?
- Can I sue a employer if he promised to hire me but he didn’t?
1) How do I know if my employer discriminated against me?
Federal and State laws protect you from all types of discrimination including discrimination based on race, gender, religion, national origin, age, and disability. It may not always be clear whether you have suffered from discrimination at work. However, if you can answer yes to the following four questions, you probably have a claim for employment discrimination.
- Did you suffer from an adverse employment decision? Adverse employment decision includes being denied employment, or promotion or raise. It also includes being fired.
- Are you in a protected class? You are in a protected class if you suffer from a disability, are over forty, are a member of a minority group, or if your sex, religion or national origin was the reason for an adverse employment decision. Being in a protected class does not mean that you can never be fired or denied a promotion; however, you must be treated the same as workers who are not in the protected class.
- Were you qualified for the position? Were you qualified to be hired or to be promoted? Did you satisfy conditions set by your employer to obtain a raise or promotion?
- Could the employer’s decision be interpreted as discriminatory? This applies if the company gave the job to someone who was of a different race, sex, or religion than you or to someone who lacked your particular disability or who was substantially younger than you. A court can also infer that discrimination occurred if the employer gave a reason for the decision that was false.
If you have answered yes to all four questions, you may be entitled to compensation under the law.
2) Can I sue an employer for discrimination if I was not fired?
You may think that you have to be fired from your job to file a claim of employment discrimination or retaliation. Not so. Even if you were demoted or denied a promotion, you can file a claim as long as there is some type of “adverse employment action” as a result of the discrimination.
In fact, one woman was able to establish a claim of sexual harassment and retaliation where her supervisor assigned her to a job that triggered a medically documented phobia of critters such as bugs and mice, in retaliation for her complaints about sexual harassment.
The woman worked for a charity that accepted clothing and other donations in boxes and bags. Until she complained about sexual harassment, her job was to tag items of clothing that had already been taken out of bags and sorted. In direct response to her complaints about sexual harassment, her supervisor assigned her the task of opening bags with donations, which often contained bugs and other critters. She attempted to do her assigned job, but was unable to because of her phobia. Even though she was not terminated, she was able to establish a claim of retaliation.
Therefore, if an adverse action was taken against you at work, such as a demotion or denial of a promotion, or if you were assigned a job your employer knew you could not do, you may be able to also establish a claim for retaliation.
3) In Pennsylvania can I be fired for no reason?
Unless you have a written contract with your employer, which specifies the length of your employment or the conditions under which your employment can be terminated, you are considered an “at will” employee. This means that your employer can hire and fire you for any reason, or for no reason at all.
Three categories of employees are not considered to be at-will employees. If you are represented by a union and covered by a collective bargaining agreement which specifies that you can be only be terminated for "just cause"; or if you are a government employee protected by civil service laws, which also requires "just cause" to terminate you, or, if you are protected by a written contract as discussed above, you may not be an at will employee.
However, even if you do not fit into any of these three categories and are an at-will employee, there are still laws that protect you from being wrongfully terminated.
ANTI-DISCRIMINATION LAWS: Both state and federal laws protect individuals from being fired based on race, sex, religion, national origin, gender, pregnancy, disability and age.
ANTI-RETALIATION LAWS: Most federal and state employment laws prohibit employers from disciplining or discharging an employee for attempting to enforce their rights under state or federal laws.
WHISTLE BLOWER PROTECTION: Many states have passed laws which prohibit employers from firing employees who report suspected violations of state or federal laws, rules or regulations. Unlike anti-retaliation laws, whistle blower laws are not limited to workplace violations.
STATE COMMON LAW EXCEPTIONS: Many state courts, including Pennsylvania, have created an exception to the employment at will doctrine which makes an employer liable for damages caused to an employee whose termination is contrary to public policy. Four types of firing which have public policy implications are: (1) firing an employee who refuses to perform an illegal act; (2) firing an employee who reports a violation of law; (3) firing an employee who engages in acts that public policy encourages, such as cooperating with government officials investigating the employer; and (4) firing an employee for exercising certain statutory rights.
4) Can I sue an employer if he promised to hire me but didn’t?
An employer can be liable for damages to an employee for fraudulently inducing the employee to accept a job offer for a position that was going to be eliminated.
In a recent case, a woman accepted a job offer but was terminated only five months later when the company went through a merger. During the interview process, the woman asked the interviewer about the possibility of a take-over and expressed serious concern about it. The interviewer assured her that a take-over would not occur. Meanwhile, a merger was already in progress
The company claimed that because of a particular securities law, they could not reveal to anyone, even potential employees, that another company was in the process of taking it over. However, the court decided that the interviewers should have informed the woman that they could not make promises regarding the future of the company, refrained from answering the question, or could have even chosen another candidate for the position. By failing to do any of the above, the company fraudulently induced the woman to accept the position to her detriment and was liable to her for damages.
There are other circumstances where a company may be liable for inducing someone to take a position. For example, a company can also be liable for offering someone a job and convincing them to move to another state only to eliminate the job a short time after the move.
If you feel you may have been fraudulently induced to move to a new position where the employer could not keep you, your employer’s action may have been illegal.
Call Marc Pachtman, Esq. toll free at 866-86TOUGH (86844) now to discuss your problem. Because the law requires that you file with governmental agencies shortly after the discrimination occurs, please call as soon as possible so that you do not lose your right to pursue a claim.
The initial phone consultation is always free, and many cases are handled on a contingent fee basis where we don't get paid until you do.
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