I was fired because I refused to do something illegal. Do I have a right to sue my employer?

If you live in Pennsylvania and you have been fired because you refused to do something illegal, then you have certain legal rights. Being fired for refusal to do something illegal will fall under the category of wrongful termination and can give rise to a lawsuit in which you are able to collect damages.

Filing a Claim Against Your Employer

While Pennsylvania is an at-will state and your employer can generally fire you for any reason or for no reason at all, there are exceptions to at-will employment. One of these exceptions occurs when you are fired for refusing to do something illegal. To allow an employer to fire you for refusal to break the law without any repercussions being imposed on the employer would be bad public policy.

As such, if you find that you are on the receiving end of a wrongful discharge, you may file a claim with the Equal Employment Opportunity Commission (EEOC) and you may also sue for wrongful termination.

• A claim with the EEOC needs to be initiated within 180 days of the date of the wrongful termination by contacting the EEOC or the Human Relations Commission. The commission will look at the case, and if they find it to be valid, they will try to mediate a settlement between the employee and employer.
• If you attempt to settle a wrongful termination case, possible settlement options include getting your job back with full benefits and restoration of your same position, replacement of lost wages, a monetary amount for suffering and stress, and punitive damages.
• If a settlement is not reached, then the commission will pursue legal action or drop the case so that you can bring suit. If you win the lawsuit, then you may be reimbursed for your legal fees, among other damages.

In Pennsylvania, a fired employee has other rights as well. You may be eligible for unemployment benefits if you were fired without cause, if you did nothing wrong, or if you quit the job voluntarily for “good cause.” Another right that you may have is to continue insurance coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA) for up to 18 months after being fired or voluntarily leaving a job.

Getting Help

If you believe you are a victim of wrongful termination, it is in your best interests to consult with a lawyer to find out precisely what your options are and how to proceed with making a claim against your employer.

Case Studies: Employment Issues

Case Study 1: The Illegal Request

John worked at Corporation for several years and had always been a dedicated and law-abiding employee. One day, his supervisor instructed him to manipulate company financial records to conceal fraudulent activities. Recognizing the ethical and legal implications, John refused to comply with the request.

Shortly after, he was fired from his position. John wonders if he has the right to sue his former employer for wrongful termination based on his refusal to engage in illegal activities.

Case Study 2: Wrongful Discharge for Reporting Violations

Samantha, an employee at Industries, discovered that her company was involved in environmental violations that endangered public health. Concerned about the impact on the community, Samantha reported the violations to the appropriate regulatory agency. To her shock, she was terminated from her job shortly afterward. Samantha wants to know if she has grounds to file a lawsuit against her employer for wrongful termination due to reporting violations.

Case Study 3: Retaliation for Whistleblowing

David had been working as a project manager for a construction company. During a large-scale government project, he uncovered evidence of bribery and corruption involving high-ranking officials within his company.

Determined to expose the wrongdoing, David reported the illegal activities to law enforcement. In response, the company fired him, citing “performance issues.” David is considering taking legal action against his former employer, believing that he was unjustly terminated as retaliation for whistleblowing.