Just Because a Firing Was Unfair, Doesn't Make It Wrongful

By Keith E. Kendall

At Scaringi Law, a significant portion of our practice involves employment law representation and counseling. One of the primary misconceptions our Harrisburg wrongful termination lawyers address on virtually a daily basis, is that a termination from employment is not wrongful, or legally actionable against the employer, if it is no more than unfair and/or unjustified. The law requires more in order for a wrongful or unjustified termination to be considered a legally actionable termination.

The rule of thumb for wrongful termination is an employer action must violate some statutory law, such as non-discrimination laws, whistle-blower laws, or such federal laws as the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) among others. However, even these laws only apply in limited circumstances.

Often, the only practical remedy for a wrongful or unjustified termination of an at-will employee is that his or her termination was not for cause, or usually the fault of the employee, that will disqualify the employee from receiving unemployment compensation benefits. In other words, unless the termination fits within one of the federal or state statutes that provides protection to employees, the remedy for many unjust terminations are, by and large, a determination of entitlement to unemployment compensation benefits.

Contact Our Harrisburg Wrongful Termination Attorneys

Do you feel as though you have been wrongfully terminated? At Scaringi Law, we understand nothing is quite as devastating as being let go from a position that was once your livelihood because of an unjust reason. If this is the case, our Harrisburg wrongful termination lawyers will work tirelessly to ensure justice is served. We will stop at nothing to fight for all you deserve and more--don't face this difficult time alone.

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Don’t hesitate to contact us at your earliest convenience. Call (717) 775-7195.