Pennsylvania is an ‘at-will employment’ state which means unless you’ve been contracted for a specific amount of time, you can be terminated at any time for any reason.
So can you ever be wrongfully terminated in an ‘at-will employment’ state? The simple answer to this is yes.
While ‘at-will employment’ states have the right to terminate a position at anytime they aren’t exempt from abiding by the laws for employee rights Philadelphia PA workers are given. If an employer is in violation of any of these laws below, you may have legal grounds to sue your employer.
Contract Violation
Anyone with a written contract clearly defining their length of employment is not an at-will employee. Pennsylvania also recognizes verbal contracts between employee and employer. During the hiring process, if your potential employer promises you so many hours or a length of employment, you may have a verbal contract. If at any time during your contracted employment you are fired without cause, your employer may be in breach of contract.
Breaks and Meal Periods
Pennsylvania employee laws state that employees are entitled to a 30 minute unpaid meal break after 5 consecutive hours of work. In order for a meal period to be unpaid, an employee must be completely relieved of their duties during this time. If an employee is answering phones or performing any work tasks, it cannot be considered a meal break, and must be considered a paid break . Under federal laws, if employers offer short breaks that last 20 minutes or less, they must pay their employees. It is illegal for an employer to fire an employee for legally taking breaks and meal periods during their employment.
Military Leave
Employees that also serve in the military are granted the right to take up to 5 years of leave and are entitled to reinstatement of their position when they return to work. An employer that does not permit reinstatement of a position is doing so illegally.
Let’s stop the violation of employee rights Philadelphia PA workers – by contacting TMH law today!
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