msereni@markaserenilaw.com
Labor Day is a time to recognize the contributions of workers and reflect on the importance of fair working conditions. Over the years, federal and Pennsylvania laws have established important protections for employees in the workplace.
While many workers are familiar with the basic concept of employee rights, they may not always know what those rights include or what to do when an employer violates them. This Labor Day, Pennsylvania employees can benefit from taking a closer look at some of the legal protections available to them.
The Right to a Workplace Free From Discrimination
Federal and Pennsylvania laws protect employees from certain forms of workplace discrimination. Employers generally cannot make employment decisions based on protected characteristics, such as race, religion, sex, national origin, disability, or age, among others.
Discrimination can occur during many stages of employment, including hiring, promotions, compensation, discipline, and termination.
Not every unfair or unpleasant workplace experience necessarily constitutes unlawful discrimination. However, if you believe you have been treated differently because of a protected characteristic, it may be worth discussing your circumstances with an employment rights attorney.
Protection From Workplace Retaliation
Employees should not have to choose between reporting unlawful conduct and protecting their jobs.
Employment laws provide protections against retaliation in certain circumstances. For example, an employee may have legal protection for engaging in a legally protected activity, such as reporting discrimination or participating in an investigation of workplace misconduct.
Retaliation can take different forms, including termination, demotion, reduced hours, undesirable assignments, or other adverse treatment.
If you believe your employer retaliated against you because you exercised a protected right, an employment rights attorney can help you understand whether you may have a legal claim.
Understanding Pennsylvania’s At-Will Employment Rule
Pennsylvania generally follows the doctrine of at-will employment. In an at-will employment relationship, an employer or employee can end the employment relationship at any time, with or without notice, for most any reason or no reason at all – but subject to important exceptions.
At-will employment does not mean that an employer can legally terminate an employee for any reason whatsoever. For example, federal and state laws prohibit certain forms of discrimination and retaliation.
Employment contracts, collective bargaining agreements, and other circumstances may also affect the relationship between an employer and employee.
Understanding whether an exception to at-will employment applies can be important when evaluating a potential wrongful termination claim.
What You Should Do If You Believe Your Rights Have Been Violated
If you believe your employer has violated your rights, taking a few practical steps can help you understand and protect your interests.
Consider:
- Keeping copies of relevant emails, text messages, pay records, employment documents, and other communications.
- Writing down important events, including dates, conversations, and the names of people who were present.
- Reviewing your employee handbook and any employment agreements that may apply.
- Following appropriate workplace reporting procedures when necessary.
- Speaking with an employment lawyer about your circumstances and potential legal options.
It is generally better to address a potential workplace issue sooner rather than later. Possible employment claims may be subject to deadlines.
Know Your Rights This Labor Day
Labor Day is more than a day off from work. It is an opportunity to recognize the importance of workers and the legal protections that help promote fair treatment in the workplace.
Pennsylvania employees should understand their rights regarding discrimination, retaliation, and termination. If you believe your rights have been violated, you do not have to navigate the situation alone.
An experienced employment rights attorney can review the circumstances of your case, explain the laws that may apply, and help you understand your available options.
The Law Firm of Mark A. Sereni, PLLC
The Law Firm of Mark A. Sereni, PLLC is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.markaserenilaw.com or contact Mark A. Sereni, Esquire at 610-565-5700 or at msereni@markaserenilaw.com.
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The information that our blogs provide does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only. Information in our blogs may not constitute the most up-to-date information. Readers of our blogs should contact a qualified attorney to obtain legal advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of any information in our blogs without first seeking legal advice from a qualified attorney. Only the reader’s own attorney can provide assurances that the information contained in our blogs – and any interpretation of it – is applicable or appropriate to the reader’s particular legal issue. Use of, and access to, the information in our blogs does not create, and is not intended to create, an attorney-client relationship between the reader and our law firm or our blog authors.
