By: Gregg Zeff
On: April 29, 2024
Losing a job is difficult, especially when it feels unfair or unlawful. If you were fired under suspicious or unfair circumstances in Philadelphia, PA or Mt. Laurel, NJ, you may have experienced wrongful termination. Understanding what qualifies as unlawful firing can help you protect your rights and take action.
What Constitutes Wrongful Termination In PA & NJ?
Wrongful termination occurs when an employer fires an employee in a way that violates federal law, state labor laws, public policy, or the terms of an employment contract. This applies even if you’re an at-will employee, meaning your employer can terminate your position without cause.
In both Pennsylvania and New Jersey, firing an employee for any of the following reasons may constitute unlawful or unfair termination:
- Discrimination based on race, gender, religion, age, disability, or sexual orientation
- In retaliation for reporting workplace harassment, employer violations, or discrimination
- A disability that does not implicate your ability to perform your job duties
- Termination based on medical leave or the need for reasonable disability accommodations
- For a reason that is otherwise prohibited by an employment contract or by statute.
Talk to a Wrongful Termination Attorney
What Laws Protect You From Wrongful Termination?
Here are the key federal and state laws that provide protection against wrongful or unlawful termination in PA & NJ:
Federal Laws That Prohibit Wrongful Termination:
| Law | What It Prohibits | Who It Protects |
| Title VII of the Civil Rights Act of 1964 | Firing based on race, color, religion, sex, or national origin | Employees at companies with 15+ employees |
| Americans with Disabilities Act (ADA) | Termination due to a qualified disability or failure to accommodate | Workers with physical or mental disabilities |
| Family and Medical Leave Act (FMLA) | Firing employees for taking protected leave for family or health issues | Employees at companies with 50+ employees, after 12 months of work |
| Age Discrimination in Employment Act (ADEA) | Termination based on age (40 or older) | Employees aged 40 and above |
| Genetic Information Nondiscrimination Act (GINA) | Termination due to genetic tests or family health history | Employees at covered employers |
| Uniformed Services Employment and Reemployment Rights Act (USERRA) | Firing employees due to military status or service | Military members and veterans |
| Whistleblower Protection Act | Retaliation against federal whistleblowers | Federal employees and some private contractors |
| Occupational Safety and Health Act (OSHA) | Firing for reporting unsafe working conditions | Employees in most private-sector jobs |
New Jersey Laws That Protect Against Unlawful Termination
| Law | What It Covers |
| New Jersey Law Against Discrimination (NJLAD) | Protects employees from discrimination based on race, sex, religion, disability, age, sexual orientation, gender identity, and more |
| Conscientious Employee Protection Act (CEPA) | Prevents retaliation against whistleblowers who report unlawful or unethical conduct |
| New Jersey Family Leave Act (NJFLA) | Protects employees who take family-related leave from being terminated |
| New Jersey Earned Sick Leave Law | Prevents employers from firing workers who use their legally earned sick leave |
Pennsylvania Laws That Protect Against Unlawful Termination
| Law | What It Covers |
| Pennsylvania Human Relations Act (PHRA) | Prohibits firing due to race, sex, disability, age (40+), religion, or national origin |
| Pennsylvania Whistleblower Law | Protects public employees and contractors who report waste, fraud, or abuse |
| PA Workers’ Compensation Act | Prohibits termination for filing or pursuing a workers’ comp claim |
Important Note:
Even at-will employees cannot be terminated for illegal reasons. If your termination violates any of the above protections, it may be classified as wrongful termination, and you may be entitled to file a legal claim.
How Can You Tell If You Were Wrongfully Fired?
Employers often disguise wrongful terminations as performance issues. You may have a case if:
- You were fired shortly after reporting illegal or unethical conduct
- Others with worse performance kept their jobs
- Your employer made discriminatory comments before firing you
- You were let go shortly after announcing pregnancy or requesting disability accommodations
Tip: Keep written records (emails, performance reviews, comments, HR complaints) — they help support your claim.
Talk to a Wrongful Termination Lawyer
What To Do After You’ve Been Wrongfully Terminated
If you believe you’ve been unlawfully fired, follow these steps to protect yourself:
- Request a written reason for your termination
- Gather documentation – performance reviews, emails, text messages
- Record a timeline of events (complaints, conversations, incidents)
- Collect witness statements from coworkers if possible
- Avoid signing severance or release agreements without legal review
- File a complaint with the EEOC or state agency (PHRC/NJDCR)
- Contact a wrongful termination lawyer experienced in PA or NJ labor laws
How To Prove Wrongful Termination
An employer will almost always try to argue that your termination was for legitimate reasons. If you want to know how to prove wrongful termination, you’ll need to:
- Prove that the alleged reason for your termination is false. For example, if your employer claims you were fired for being habitually late, evidence of you arriving at work on time would discredit the employer’s reasons.
- Demonstrate inconsistent treatment compared to other employees
- If you believe you were dismissed for discriminatory reasons, proof of your employer using harassing language or making disparaging comments supports a wrongful termination claim.
- Finally, evidence that your employer failed to follow established written policies can also support a claim for wrongful termination.
Solid documentation will strengthen your case considerably.
Speak With A Wrongful Termination Lawyer in PA or NJ
Zeff Law Firm works with individuals who have been wrongfully terminated from their job and can quickly evaluate your case to determine if you have a viable wrongful termination claim. Contact our experienced wrongful termination attorneys across Philadelphia and Mt. Laurel today to discuss your case and next steps.