If you were fired from the job without fault, you have the right to sue your employer by filing a wrongful termination lawsuit. Wrongful termination is an unlawful termination or wrongful discharge used in employment law. It refers to a situation where an employee is fired by their employer for reasons that are either unjustified, illegal, or contrary to public policy.
Generally, there are three types of wrongful termination:
If you have signed an employment agreement, you and your employer need to abide by the terms of that agreement. A breach by the employer of the terms of the agreement that consequently leads to your termination can make the employer liable for wrongful termination.
If the employer created a situation that forces the employee to resign, the employee could file a wrongful dismissal claim against the employer.
If you were fired because of your age, race, sex, nationality, or such discriminatory grounds, you should file a wrongful termination claim. For instance, an employer cannot discriminate and terminate an employee if they have HIV.
If you have been fired due to a workplace dispute, personal grudge, or refusal to act on illicit orders of the employee, etc., you should contact wrongful termination lawyers in Philadelphia right away. For example, an employer cannot fire you due to a personal discord between you and your employer.
In the state of Pennsylvania, an employer cannot fire an employee for any of the following reasons:
When an employer fires an employee for any of these reasons, the employee is allowed to file
wrongful termination lawsuit.
A wrongful termination case may also involve other claims, such as breach of an employment contract if the termination violates the terms of an employment contract, where the contract is expressed or implied. Hiring a skilled and experienced attorney will help you get fair wrongful termination lawsuit settlements without much hassle.
The compensation for wrongful termination usually involves some form of a monetary award, also called damages. Additionally, the amount that a wrongful termination employee may recover from their employer will largely depend on the facts and circumstances of each case and the law of the particular state where the suit is filed.
Generally, the losses that can be compensated or recovered under a wrongful dismissal claim include:
Nevertheless, it is easy to forget what was precisely said and done by the parties long after the termination, especially if the person was surprised by the firing. This is why a person who has been fired should keep notes of all the conversations relating to the event and the events themselves.
In addition, a court may decide to award other remedies, such as the reinstatement of the fired employee to the job or position from which they were fired.
However, note that federal law places a limit or cap on the compensatory damages an employee can receive for cases based on discrimination. It includes the total for compensatory damages (out-of-pocket costs and pain and suffering combined) and punitive damages. The wrongful discharge settlement depends on the size of the employer, and damages are limited to the following:
If you believe that your termination was against the law or public policy, then follow these steps to assert your rights to fair compensation or even reinstatement:
A termination notice is a document that clearly outlines the exact reason you were fired. You can then compare the reason you feel you were terminated to the actual reason you were given.
If you send a written or verbal notice to your employer, they are required by law to give you a copy of your personnel records.
A work diary is an excellent way to keep track of all incidents where you were retaliated against, discriminated against, or treated adversely. Your work diary should include the date, parties involved, and a clear description of everything that happened that day.
Employment laws are complex, convoluted, and confusing. Consequently, this is where you need a qualified wrongful termination attorney. An experienced lawyer can help you determine whether your termination was unlawful.
As mentioned, a wrongful termination lawsuit involves various legal issues, including a possible breach of contract. Therefore, it becomes crucial to understand the federal, state, or local laws that apply to your case. Furthermore, a procedure before the Equal Employment Opportunity Commission (EEOC) may be required in some cases
So, if you want to file a wrongful termination lawsuit claim, you should always consult an experienced wrongful termination lawyer for professional guidance. Experienced wrongful termination lawyers will determine whether you have a lawsuit that is likely to succeed and can discuss the potential outcomes of your case. They will also provide legal advice about the relevant laws and procedures and will help you file your lawsuit. Lastly, they will also represent you in court, if required.
To help establish and prove your wrongful termination lawsuit, you need the support and assistance of a qualified lawyer.
At Ethen Ostroff Law, we believe that every case is unique and important. This is why we dedicate our time and efforts to reviewing the facts of your case and finding all the legal ways you can get a fair settlement. We will also refer you to our network of wrongful termination lawyers in Philadelphia who are determined to help you right from day one.
What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.
Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.
Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.
He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.
When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.
Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.
Joe is a Philadelphia native and maintains deep roots in the area. As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work. He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.
After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers. During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law. He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.
Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.
Joe is licensed to practice in Pennsylvania.
Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.
Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge, Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.
Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.
Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.
He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.
He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state
Brandon currently lives in Malvern with his wife Rachel and their son Max.
Effective Date: July 10, 2024
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