Derek Smith Law Group / Employment Law / Wrongful Termination / Wrongful Termination Attorney Philadelphia

Wrongful Termination Attorney Philadelphia

Based on 500+ Select Nationwide Reviews

Free Case Review

The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won

TABLE OF CONTENTS

What Is Wrongful Termination in Philadelphia?
Contact Our Experienced Philadelphia Wrongful Termination Attorneys Today for Your Free Consultation

Wrongful termination in Philadelphia affects employees who have been fired for reasons that are against the law or violate public policy. It is not illegal to fire an employee in Philadelphia because you do not like him or just don’t want to work with him anymore.

However, it is illegal to fire him because of his gender, race, religion, age, sexual orientation, color, national origin, military status, or any other discriminatory reason. It is also illegal to fire him because he will not commit a criminal act for your company, will not give in to sexual advances, is a whistleblower, or in a manner that violates his contract. For over 25 years, the experienced attorneys at the Derek Smith Law Group have been helping victims of wrongful termination get the compensation they deserve.

What Is Wrongful Termination in Philadelphia?

Pennsylvania is an at-will employment state. This means that a Philadelphia employer can fire an employee for any reason that is legal and does not violate any rules or public policy. Your employer can fire you because he does not like you because he thinks you are a poor worker, or because you just are no longer needed.

However, wrongful termination occurs when the reason you were fired is based on discrimination, retaliation, or breach of contract. When your employer fires you because you are older than 40, pregnant, a certain race or religion, an active military member, or any other protected reason, that is a wrongful termination.

When you are fired against the terms of your employment contract, that may be a wrongful termination. And if you are fired because you are a whistleblower, refused sexual advances, or refused to participate in illegal activity, that is a wrongful termination.

What Evidence Is Needed to Prove Wrongful Termination in Philadelphia?

Depending on the reason for wrongful termination, different types of evidence can help prove a claim in Philadelphia court.

The Contract. If the cause for wrongful termination is breach of contract, you need a copy of your contract that states the employment terms. You will likely need to prove that not only did you get fired before the contract was up, but you did not violate any terms of employment to cause this termination.

Direct Evidence. While rare, it may happen hat an employer may tell you that you are being fired because of a discriminatory reason or because you told the Department of Justice about illegal activity. He may even tell you that you are being fired because you did not accept this sexual advances. These are examples of direct evidence. When you have written or verbal evidence stating the reasons you were fired that are against the law, that is direct evidence.
Disparate Evidence. Disparate evidence is when you can link the employer’s knowledge of your status as either pregnant, or a member of a protected class or retaliation for refusing sexual advances, being a whistleblower, or refusing to partake in criminal activity was the cause of you being fired. Typically, it occurs in a more subtle fashion. Yet, there is usually a direct relationship between the cause and the termination.

What Are Examples of Wrongful Termination in Philadelphia?

While termination of employment is generally miserable and seems like it is unfair, it is not often illegal. However, there are times when the laws and public policies are broken, making a termination illegal. Here are some examples of wrongful termination in Philadelphia:

You were fired because you reported company misappropriation of funds to the proper authorities
You were fired because you would not sleep with your supervisor
You were under contract and abided by all of the rules of the contract. You were terminated before your contract ended
You were terminated because your supervisor does not work with men
You were fired because of your race
You were fired because your company has a policy against hiring Gay/Lesbian individuals
You were terminated because you have a thick foreign accent that your supervisor simply does not like
You were terminated because you are Muslim
You were fired because you refused to partake in any illegal activities
You were fired because you are pregnant
You were fired because you took a day off to attend to jury duty
You were fired because you are over the age of 40.
You were fired because you are an active reservist and got called for a training weekend

What Is the Statute of Limitations to File a Wrongful Termination Claim in Philadelphia?

Depending on why you were wrongfully terminated in Philadelphia, you may have anywhere from 300 days to 6 years to file a claim from wrongful termination.

If the claim relates to a discrimination claim, then the Equal Employment Opportunity Commission (EEOC) and Philadelphia Commission of Human Rights provides a time limit of 300 days to file the lawsuit.

Under whistleblower laws in Philadelphia, your time limit to file a claim for wrongful termination is 180 days.

Finally, if the claim is filed as a breach of contract, Philadelphia is four years from the breach, or the time limit specified in the contract to bring a lawsuit against the employer.

What Remedies Are Available for Wrongful Termination in Philadelphia?

Philadelphia, like many states, has several remedies available to victims of wrongful termination. These remedies are both monetary and injunctive reliefs. Here are some of the remedies available to victims of wrongful termination in Philadelphia:

Reinstatement of employment and/or benefits
Reimbursement of benefit premiums
Reimbursement of medical expenses and other related expenses
Back pay
Future pay
Termination or reassignment of the person responsible for the wrongful termination
Pain and suffering
Attorney’s fees
Emotional distress
Punitive damages

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

Free Consultation 800 807 2209

How Long Does a Wrongful Termination Lawsuit Take to Settle in Philadelphia?

The length of time to settle a wrongful termination lawsuit depends on the details of the claim and the willingness of the parties to settle. If your employer is willing to negotiate a fair settlement, then the case may only last 4 to 6 months. However, if the case goes to trial, the case may last a year or more. The time to prepare for trial can take up to a year. The trial itself may take a couple of days to a few weeks.

A Few Things You Can Do Right Now

If you are the victim of wrongful termination in Philadelphia, there are a few things you can do to help you prepare to file a lawsuit.

Contract an experienced Philadelphia wrongful termination attorney immediately.
Gather your evidence. Keep your termination letter, a copy of your contract if you have one, a copy of your work record as available, and any emails, texts, or details of incidents that can help prove you were fired for an illegal reason.
Do not waste time. You have less than a year, in most cases, to file your lawsuit for wrongful termination. Do not wait until the last minute.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Philadelphia Wrongful Termination Attorneys Today for Your Free Consultation

While you are never guaranteed job security, no one should ever worry that discrimination should ever be the reason you lose your job.

If you are the victim of wrongful termination in Philadelphia, the experienced attorneys at Derek Smith Law Group can help. 3

Our Attorneys

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.