Category: Wrongful Termination

Steps to Take if You Believe You Were Wrongfully Terminated

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Take the Next Step After Termination

Key Takeaways

  • Wrongful termination means being fired for an illegal reason.
  • Documentation can help show timing, motive, retaliation, or discrimination.
  • Deadlines may apply quickly, especially for agency claims.
  • Legal guidance can help you decide whether to negotiate, file a charge, or pursue a lawsuit.

The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. help workers after a suspicious or unlawful firing. Losing a job is stressful, especially when the termination seems connected to discrimination, retaliation, whistleblowing, wage complaints, medical leave, pregnancy, disability, harassment reports, or another protected issue.

Not every unfair firing is unlawful, but an illegal reason may support a wrongful termination claim.

Step 1: Write Down What Happened

Start by creating a timeline. Include the date you were fired, who was present, what was said, and any reason your employer gave. Write down what happened before the termination.

Important details may include complaints to HR, reports of discrimination, accommodation requests, medical leave, wage disputes, safety concerns, performance reviews, discipline, schedule changes, demotions, or hostile comments. Timing can matter. A firing shortly after protected activity may raise retaliation concerns.

Step 2: Save Documents and Messages

Preserve records that may support your claim. Useful evidence may include:

  • Termination letters
  • Employee handbooks
  • Offer letters
  • Employment contracts
  • Pay stubs
  • Performance reviews
  • Emails and texts
  • HR complaints
  • Witness names
  • Medical leave records
  • Accommodation requests
  • Disciplinary notices

Do not take confidential documents, trade secrets, or files you are not authorized to access. Save materials you already have and discuss evidence questions with a lawyer.

Step 3: Understand What Makes a Termination Illegal

A wrongful termination may involve discrimination, retaliation, breach of contract, violation of public policy, or firing that violates a specific employment law. USAGov explains that wrongful termination occurs when an employer fires someone for an illegal reason.

Examples may include firing someone because of race, sex, pregnancy, religion, disability, age, national origin, or genetic information. It may also include firing someone for reporting harassment, participating in an investigation, requesting accommodation, or opposing discrimination. The EEOC explains that retaliation is unlawful when an employer punishes a worker for protected activity.

Step 4: Be Careful With Severance Agreements

Your employer may offer severance in exchange for a release of claims. Do not sign too quickly. A severance agreement may require you to give up the right to sue, file certain claims, discuss the termination, or seek additional compensation.

Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can review whether the agreement is fair, whether deadlines apply, and whether your potential claims may be worth more than the offer.

Step 5: Avoid Emotional Responses Online

Do not post details about the firing on social media. Avoid angry texts, deleting messages, or contacting coworkers in a way that could be misinterpreted. Keep communications professional and preserve evidence.

If you need unemployment benefits, apply truthfully and keep copies of decisions, employer responses, or appeal notices.

Step 6: Speak With an Employment Lawyer Promptly

Wrongful termination claims can involve short deadlines. Some discrimination and retaliation claims require filing with an agency before a lawsuit. Other claims may depend on contracts, policies, wage records, or state law.

Sidkoff, Pincus & Green P.C. provides Philadelphia wrongful termination representation for employees facing unlawful termination, retaliation, discrimination, and related employment disputes.

FAQs About Wrongful Termination

Can I sue if I was fired without warning?

Possibly, but lack of warning alone may not be enough. The reason for the firing matters.

What if my employer gave a false reason?

A false explanation may help show pretext if evidence suggests an illegal motive.

Should I contact HR after being fired?

You can request records or clarification, but be careful and keep communications professional.

Can retaliation happen after I complain?

Yes. Retaliation can include termination, demotion, reduced hours, or other negative actions.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Workers Take the Next Step After Termination

If you believe your firing was connected to discrimination, retaliation, protected leave, wage complaints, or another unlawful reason, you do not have to guess about your options. The Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can review your timeline, documents, severance agreement, and potential claims. Call us at 215-574-0600 or complete our online form today for a confidential consultation. Our office is in Philadelphia, and we serve clients in Pennsylvania and New Jersey.

  Category: Wrongful Termination
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What Damages Can You Recover in a Wrongful Termination Lawsuit?

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Philadelphia Employment Lawyers at Sidkoff, Pincus and Green P.C. Help Employees Handle Wrongful Termination

 Key Takeaways

  • Workers who prove a wrongful termination claim may recover lost wages, lost benefits, and money for emotional harm.
  • Federal, Pennsylvania, and Philadelphia laws each shape which damages are available and whether caps apply.
  • Filing deadlines and a worker’s efforts to find new work can both affect the final recovery.

A Philadelphia employment lawyer can help a fired worker identify every type of damages the law allows, from back pay and lost benefits to emotional distress and, in some cases, punitive awards. Federal, state, and city laws offer different remedies and deadlines, and these legal professionals help workers file in the right place, preserve evidence, and pursue the full value of a claim.

What Counts as Wrongful Termination in Pennsylvania?

Pennsylvania follows employment at will, which means employers can usually fire workers for any reason or no reason at all. A firing becomes wrongful when it breaks the law, such as when an employer acts because of race, sex, age, disability, or religion. Terminations that punish a worker for reporting harassment, taking protected leave, or filing a Workers’ Compensation claim can also qualify.

How Back Pay and Front Pay Work

Back pay covers the wages and benefits a worker lost between the firing and the end of the case. Consider a warehouse supervisor who earned $60,000 a year and stayed unemployed for eight months, which could support roughly $40,000 in back pay plus lost health coverage. When returning to the job is not realistic, courts may also award front pay for future lost earnings.

Damages for Emotional Distress and Other Losses

Many wrongful firings cause anxiety, sleepless nights, and strain at home, and the law allows compensation for that harm in discrimination and retaliation cases. Workers may also recover out-of-pocket costs, such as job search expenses or medical bills tied to the stress. Therapy records, journal entries, and statements from family members can help show how the termination affected daily life.

When Punitive and Liquidated Damages Apply

Punitive damages punish an employer that acted with malice or reckless disregard for a worker’s rights, although federal law caps them together with emotional distress damages based on company size. Age discrimination cases work differently, since a willful violation can double the back pay award through liquidated damages.  

How Federal, State, and Philadelphia Laws Affect Recovery

Although the Pennsylvania Human Relations Act places no cap on emotional distress damages, it does not allow punitive damages. The Philadelphia Fair Practices Ordinance, by contrast, covers employers with just one employee and permits punitive damages in some cases. The Philadelphia Commission on Human Relations on Walnut Street handles those complaints.

Why Filing Deadlines Can Limit Damages

Missing a deadline can wipe out a claim. Pennsylvania workers generally have 300 days to file a federal charge with the Equal Employment Opportunity Commission, whose Philadelphia District Office is located on Market Street. State claims carry a shorter 180-day window. The EEOC recovered almost $660 million for 17,680 workers in fiscal year 2025, which shows that these charges can lead to meaningful results.

Frequently Asked Questions

Does a worker have to look for a new job after being fired?

The law expects fired workers to make reasonable efforts to find comparable work.  

Are wrongful termination settlements taxable?

Payments for lost wages are generally taxable income, while other portions may be treated differently.  

Can a worker get their job back?

Courts can order reinstatement, although many workers prefer not to return to a hostile workplace. In those cases, front pay often takes the place of reinstatement.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help You Stand Up for Your Career

To learn more about your legal options after being wrongfully terminated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or complete our online form today for a confidential consultation. Our office is in Philadelphia, and we serve clients in Pennsylvania and New Jersey.

Wrongful Termination: How to Recognize it and What to Do About it

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights if You Have Been Wrongfully Terminated

Wrongful termination is an unfortunate reality. Wrongful termination occurs when an employee is fired or laid off for illegal reasons or violates a contract. Some common examples of wrongful termination include:

  • Discrimination based on race, gender, age, disability, or other protected characteristics.
  • Retaliation for reporting harassment, discrimination, or other workplace misconduct.
  • Breach of an employment contract.
  • Firing an employee for exercising their legal rights, such as taking medical leave or filing a Workers’ Compensation claim.

Recognizing Wrongful Termination

Wrongful termination can be challenging to identify, as employers often try to disguise it as a legitimate dismissal. Here are some warning signs that may indicate wrongful termination:

  • Sudden or unexpected termination without a clear reason.
  • Negative treatment or comments about your protected characteristics, such as race or gender.
  • Retaliation after reporting workplace misconduct.
  • Dismissal shortly after exercising your legal rights.

If you suspect you have been wrongfully terminated, you must talk to an HR representative or a trusted supervisor to discuss your concerns.

What to Do About Wrongful Termination?

If you believe you have been wrongfully terminated, there are several steps you can take to protect your rights and seek justice:

·        Consult with an employment lawyer: An experienced employment lawyer can help you understand your rights, evaluate your case, and guide you through seeking compensation or reinstatement.

·        File a complaint with a government agency: In the United States, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies investigate wrongful termination claims and may help you negotiate a settlement or pursue legal action.

·        Negotiate a severance package: In some cases, you may be able to negotiate a severance package with your employer. This could include financial compensation, continuation of benefits, or other terms that can help you transition to a new job.

Wrongful termination can be difficult and complex, but understanding your rights and taking appropriate action can help you achieve justice. If you suspect you have been wrongfully terminated, ‌seek legal advice and explore your options.

Possible Damages for Wrongful Termination

When a person has been wrongfully terminated, they may be entitled to various types of damages, depending on the circumstances of their case and the applicable laws in their jurisdiction. Some potential damages that an individual could receive include:

  • Back pay: Compensation for lost wages from the date of termination until the date of judgment or reinstatement. This includes salaries, bonuses, commissions, and other income the employee would have earned during this period.
  • Front pay: Compensation for future lost wages in cases where reinstatement is not possible or appropriate. This is usually awarded when it is determined that the employee will face difficulty finding a comparable job due to the wrongful termination.
  • Loss of benefits: Compensation for the value of lost employment benefits, such as health insurance, retirement plans, and stock options.
  • Emotional distress: Compensation for the emotional pain and suffering caused by the wrongful termination. This may include damages for anxiety, depression, humiliation, or other psychological impacts.
  • Punitive damages: Awarded in cases where the employer’s conduct was particularly egregious or malicious to punish the employer and deter similar behavior in the future.
  • Reinstatement: In some cases, the court may order the employer to reinstate the wrongfully terminated employee to their former position.
  • Attorney fees and costs: If the employee prevails in their wrongful termination claim, they may be awarded attorney fees and other legal expenses associated with pursuing their case.
  • Other damages: Depending on the specific circumstances of the case, additional damages may be awarded, such as compensation for damage to the employee’s professional reputation, job search expenses, or relocation costs.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Rights if You Have Been Wrongfully Terminated

Wrongful termination can happen in various ways. If you think you have been wrongfully terminated, speak with our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. to discuss your potential legal options. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

Protecting Your Business From Wrongful Termination Lawsuits

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business From Wrongful Termination Lawsuits.

As a business owner, it is crucial to understand the legal implications that come with terminating employees. Wrongful termination, in particular, can be troublesome. Here are some ways you can be proactive to protect your business from wrongful termination lawsuits.

  1. Comply With Labor Laws

The best way to prevent wrongful termination lawsuits is to ensure that your business is complying with labor laws. This means understanding federal and state employment laws, including anti-discrimination laws, wage and hour laws, and labor union regulations. Review and update your employment policies and procedures regularly, and train your HR staff and managers to implement them consistently.

  1. Avoid Arbitrary Terminations

Arbitrary termination refers to firing an employee for no justifiable reason. To protect your business from wrongful termination lawsuits, you must have a legitimate reason for letting go of an employee, even if you do not share the full reason with the employee. This could be poor performance, violation of company policies, misconduct, or any other valid reason. Ensure that your business has proper documentation of an employee’s poor performance or policy violations so you have evidence that can be used to defend your decision to terminate the employee.

  1. Be Prepared for Termination

When termination is necessary, handle it with care and be prepared. Conduct the termination meeting in private and have a witness present to document the conversation. Be clear and concise in your communication, and avoid making personal attacks or comments that could be used against you. Provide the terminated employee with written notice of the termination, their final paycheck, and their entitled benefits. Consider offering outplacement services or support, such as career counseling or resume building, to help the employee transition out of the organization.

  1. Implement Clear and Concise Policies

Having a clear set of policies in place is essential to avoid wrongful termination lawsuits. Start by establishing a clear code of conduct that employees must adhere to. This can include rules and regulations about acceptable behavior and performance standards. By providing your employees with well-communicated rules and clearly defined job responsibilities, it will be easier to hold them accountable to those standards. That way, if you eventually have to take action against an employee, you will have a solid foundation to support your case.

  1. Document Employee Performance and Conduct

Documentation is critical for fighting wrongful termination lawsuits. Make sure that employee documents, such as disciplinary actions, performance reviews, and attendance records, are kept safe and secure. In case of a lawsuit, the documents will serve as evidence and back up the reason for the termination.

Document every conversation you have with an employee regarding their job and conduct. If an employee is underperforming or behaving negatively, take note of the date, time, and details of each infraction. Having a compilation of these details helps to provide tangible evidence when you are faced with a wrongful termination lawsuit.

  1. Seek Legal Guidance

One of the best ways to protect your business is by seeking legal guidance. You do not have to wait until you are facing a lawsuit to look for legal advice. Instead, have a lawyer on retainer to review policies and procedures and provide guidance on how to deal with potentially risky situations. This provides an additional layer of protection and ensures that, if faced with a lawsuit, legal professionals can provide the necessary guidance to protect your business.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business From Wrongful Termination Lawsuits

Protecting your business from wrongful termination lawsuits starts well before any litigation. Get the legal help you need today by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an appointment. Located in Philadelphia, we proudly serve clients throughout Pennsylvania and New Jersey.

Fired Law Firm Employee Not Entitled to Whistleblower Protections

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A former accounts receivable clerk was terminated from her position at Martin & Seibert after she reported the firm for suspicious overbilling. She noticed billing irregularities, including billing clients at attorney rates for work that was done by secretaries and paralegals. After voicing her concerns to other individuals at the firm, she was fired. According to the West Virginia Supreme Court of Appeals, at-will private employees who report suspected criminal conduct are not entitled to whistleblower protections.

Shortly after she reported her suspicions, she discovered that her job had been posted. Another attorney at the firm told her that he suspected that certain members of the firm blamed her for the billing irregularities. He urged her to speak to a former U.S. attorney, who he reached out to for advice on her behalf. After speaking to the former accounts receivable clerk, the U.S. attorney contacted the Federal Bureau of Investigation (FBI).

To protect herself, she collected 227 attachments of billable hour data and emailed it to herself. The firm fired her for disclosing confidential information, which was a violation of law firm policy. According to West Virginia courts, there is an exception to the rule that allows at-will employees to be fired if the employee is terminated for refusing to participate in illegal activity. However, the exception does not apply to employees who report wrongdoing. The court ruled that she was not entitled to whistleblower protections because she was a public employee. The legislature would be responsible for making any extensions to the law, not the court. A dissenting judge argued that the majority should have made an exception for an employee who is terminated for reporting alleged overbilling for legal services.

According to the West Virginia Supreme Court of Appeals, the federal whistleblower claim was no longer viable after a February 2018 Supreme Court decision that required reporting to the U.S. Securities and Exchange Commission. This decision was in response to a certified question by a federal court regarding the former employee’s whistleblower lawsuit.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, it is in your best interest to contact the highly skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. We will work closely with you to understand the events leading up to your termination. Our experienced legal team will protect your rights and collect the documentation necessary to reach a successful settlement. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Lloyd Industries Ordered to Pay $1.04 Million to Terminated Employees in Whistleblower Case

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Philadelphia whistleblower lawyers protect the rights of wrongfully terminated employees.A federal judge recently ordered Lloyd Industries to pay the largest punitive award ever given under the Occupational Safety and Health Act (“OSH Act”) after two employees were illegally fired for speaking out against unsafe working conditions. The two workers were terminated after an inspection conducted by the Occupational Safety and Health Administration (“OSHA”). According to the Regional Solicitor, all employees have a right to speak out about work conditions that are unhealthy or unsafe. If they are unfairly retaliated against for exercising those rights, they deserve to be compensated. The court awarded a total of $1,047,399 in lost wages and punitive damages to the two employees.

After a Lloyd Industries employee lost three fingers in a workplace accident, OSHA conducted an on-site investigation. The injured worker was fired shortly after the investigation began. A second employee was terminated for cooperating with OSHA after they identified a number of health and safety violations and began assessing penalties. A jury found that Lloyd Industries and its owner illegally fired the two employees for cooperating with OSHA during the inspection. They awarded $500,000 in punitive damages, which is the largest punitive award under the OSH Act. The court explained that the size of the award sends a strong message that this kind of retaliation with not be tolerated.

The two employees were also awarded $547,399 in front and back pay. Lloyd Industries and its owner were also ordered to post an anti-retaliation notice and refrain from ever violating the Section 11(c) or the OSH Act again. All employees are entitled to a safe and healthy work environment and if these basic rights are violated by an employer, or they are retaliated against for speaking out about poor work conditions, there will be severe consequences.

Also known as the “safety bill of rights,” the OSH Act was created to ensure that all employees in the United States have safe working conditions and that employers provide the necessary training, outreach, education and assistance necessary to maintain a safe work environment. This helps prevent serious work-related injuries and illnesses.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green, P.C. Protect the Rights of Employees Who Have Been Wrongfully Terminated

If you were terminated from you job after speaking out about unsafe working conditions, it is in your best interest to contact the Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green, P.C. as soon as possible. It takes a great deal of courage to speak out against an employer, but the law protects whistleblowers against unfair retaliation. Our skilled legal team will discuss the details of your case with you and recommend the best legal course of action. To set up a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we represent clients in South Jersey, Pennsylvania, and New Jersey.

Philadelphia Passes Ordinance that Protects Parking Employees Wrongfully Discharged

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Philadelphia employment lawyers represent employees who have been wrongfully discharged.Parking lot attendants are generally low-paid positions, with little to no healthcare benefits. In Philadelphia, employers operating parking lots or garages could discharge an employee without demonstrating just cause. Therefore, attendants had no legal recourse if they were fired from their job. However, on June 5, 2019, Philadelphia Mayor Jim Kenney signed a bill that would prohibit parking lot or garage employers from discharging an employee unless he or she is able to demonstrate just cause or a “bona fide economic reason.” This new ordinance—which will impact approximately 1,000 employees—provides low-wage workers with union-like protections.

The “Wrongful Discharge from Parking Employment” ordinance will be included in the Philadelphia Code. Effective September 3, 2019, employers will need to demonstrate just cause to terminate an employee. According to the law, the employer will be required to implement progressive discipline before discharge and may not refer to disciplinary action from more than one year ago. However, the ordinance does allow employers to terminate workers in reverse order of seniority for financial reasons, but employers must provide business records that provide proof of a reduction of revenue or profit. In addition, if a worker is discharged, the employer must provide a written explanation as to the reason for the termination. The ordinance also states that employers may not retaliate against an employee who is simply exercising his or her new legal rights.

Enforcement of the New Law

The Mayor’s Office of Labor will be responsible for enforcing the ordinance and investigating specific cases. In addition to the new protections the ordinance offers parking attendants, it also allows discharged workers and the Philadelphia City Solicitor to file a civil lawsuit against an employer if he or she violated the law in any way. If a terminated employee files a discharge claim, and the case is successful, the employee will be eligible for attorneys’ fees, liquidated damages up to $2,000, and reinstatement, as well as the usual damages associated with a discharge claim. All employers who operate a parking lot, parking garage, or valet service in the city of Philadelphia are strongly urged to thoroughly review their policies and ensure that they are in compliance with the new ordinance.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Represent Employees Who Have Been Wrongfully Discharged

If you were terminated from your job without just cause, it is in your best interest to contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green, P.C. as soon as possible. We will conduct a thorough investigation of your case, including the events leading up to your termination, and determine whether your employer violated employment laws. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our office is conveniently located in Philadelphia, where we represent clients from South Jersey, Pennsylvania, and New Jersey.

Termination One Month After Requesting FMLA Leave Creates Sufficient Casual Link

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In Ha Long v. Spalding Auto. Inc., the Eastern District Court of Pennsylvania—ruling on a motion to dismiss—determined that the plaintiff may proceed on his FMLA retaliation claim against his former employer because there were sufficient facts to establish a prima facie case for FMLA retaliation. No. CV 17-4865, 2018 WL 6244755, at *4 (E.D. Pa. Nov. 29, 2018). In Ha Long, the plaintiff sued his former employer alleging employment discrimination and retaliation. Plaintiff began his employment with Defendant in 2013 and was diagnosed with thoracic disease and disc disease in September 2015. Throughout his employment, Plaintiff periodically needed to request time off and needed accommodations due to his health conditions. Later, in March 2016, Plaintiff requested FMLA leave to attend to his daughter’s needs, as she was undergoing surgery. Initially, the FMLA request was not approved; however, the employer approved the FMLA leave after Plaintiff contacted his union representative, who contacted the chief operating officer. Then in June 2016, Plaintiff again had to request FMLA leave due to the pain he was experiencing as a result of his medical condition. On July 1, 2016, Defendant approved this request, conditioned upon Plaintiff sending appropriate FMLA documents within fifteen (15) days. Plaintiff allegedly complied with this request, but on August 1, 2016, Defendant terminated Plaintiff claiming the documentation was never received and citing attendance issues.

In order to state a viable claim for FMLA retaliation, the plaintiff here must be able to show that: (1) he engaged in protected employee activity; (2) he suffered an adverse employment action; and (3) the adverse action was causally related to the protected activity. Based on the facts at hand, the Court found that the plaintiff has alleged sufficient facts in order to defeat a motion to dismiss his FMLA retaliation claim. The Court recognized that the one-month gap between plaintiff requesting FMLA leave and his subsequent termination created a reasonable link that they may be related.

The statutes, regulations, and case law that govern the employer-employee relationship are constantly evolving. If you have questions about a legal situation, contact the Philadelphia employment lawyers at the Law Office of Sidkoff, Pincus & Green P.C. today to schedule a confidential consultation. We can be reached at 215-574-0600 or by submitting a convenient online contact form.

Third Circuit Rules in Favor of Employer in Wrongful Termination Case

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A former maintenance mechanic for East Penn Manufacturing Co. filed a lawsuit against the company, claiming that he was wrongfully terminated after allegedly damaging a laptop computer that belonged to the company. The employee attempted to establish a connection between his termination and a previous work-related injury, suggesting that he was discriminated against for the disabling injury. According to the U.S. Court of Appeals for the Third Circuit, there was insufficient evidence to establish a link between his termination and the injury.

After injuring his left knee in a work-related injury in 2012, the plaintiff underwent surgery to fix the problem. He was out of work and on disability leave for approximately eight months. He received Workers’ Compensation benefits during this time. He started to experience pain in the same knee in 2013, and submitted a claim for Workers’ Compensation benefits, but his claim was denied. After undergoing a second surgery in 2014, he was out of work again for several months. When he recovered, he was able to return to his position and collect the same salary.

According to the plaintiff, when he returned to work, he was disciplined for taking too much time off after the second surgery. A personnel director at East Penn scheduled a disciplinary meeting and explained the company’s policy regarding sick days and absences. Several months later, he was accused of throwing an object, which damaged a company-owned laptop. A personnel director confronted him about the incident, but he denied it. He was suspended pending an investigation, and ultimately fired.

The District Court ruled that no reasonable jury would find a link between the plaintiff’s firing and his workplace injury. However, the plaintiff argued that he presented enough evidence to support the claim that he was fired because of his injury, and that the district court set too high a standard for proving a prima facie case.

Earlier this month, the Third Circuit affirmed the lower court’s summary judgment. According to the Third Circuit, East Penn had a legitimate reason for terminating the plaintiff, who failed to provide sufficient evidence to support his claim. The company had a written statement from another East Penn employee who witnessed the plaintiff throw the object that damaged the laptop computer. The Court ruled that summary judgment, based on the lack of causal link, was appropriate.

Philadelphia Business Lawyers at the Law Office of Sidkoff, Pincus & Green P.C. Represent Clients in Wrongful Termination Cases

If you have been wrongfully terminated, or your employee rights have been violated, contact the Philadelphia business lawyers at the Law Office of Sidkoff, Pincus & Green P.C. We will protect your rights and secure the maximum financial compensation you deserve. To schedule a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are conveniently located in Philadelphia, where we serve clients throughout southeastern Pennsylvania and New Jersey.

Employee Loses Prima Facie Case of Retaliation But May Continue His Defamation Case Against Former Employer

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On March 20, 2018, Plaintiff Haabiyl Mims filed a Complaint alleging retaliatory discharge under the Fair Labor Standards Act of 1938 (FLSA § 15 (a)(3)), Defamation and Defamation Per Se, and Wrongful Termination by Defendants New Age Protection Inc. and Tamisha Thorogood Haabiyl Mims v. New Age Protection, Inc., Civ. Action No. 18-CV-1185, 2018 WL 5829340 (E.D. Pa. 2018). After 5 years working at his former employer, Defendant New Age Protection, Inc., a security corporation, Mims was terminated in March 2017. The given reason was that it appeared as if Mims falsified his timesheet to get paid for time he did not work. This termination was made 8 months after Mims received thousands of dollars in back taxes when New Age was investigated by the Department of Labor. Mims then brought suit, alleging retaliation by his former company.

The Court reviewed the Fair Labor Standards Act (FLSA) to see if Mim’s termination was lawful. In Pennsylvania, courts looks at three necessary elements to establish a prima facie case of retaliation under the FLSA, “(1) the plaintiff engaged in protected activity, (2) the employer took an adverse employment action against him, and (3) there was a causal link between the plaintiff’s protected action and the employer’s adverse action.” Scholly v. JMK Plastering, Inc., No. 07–4998, 2008 WL 2579729, at *3 (E.D. Pa. June 25, 2008) (citing Preobrazhenskaya v. Mercy Hall Infirmary, 2003 WL 21877711 (3d Cir. 2003) (citation omitted)). Mims insisted that his former manager and employer knew of his participation in the DOL investigation and fired him because of it. The Court looked at the Mims’ Complaint and saw that he had no proof that his company or manager knew he took part in the investigation. The Court pointed out that even if his employer knew the eight month gap is too far between to establish a clear connection timewise. The Court also focused on the two promotions that Mims received during his time at the company so they concluded there was no animosity at all. Thus, the Court found that Mims termination did not violate the FLSA.

The Court then moved onto Mims’ allegation of defamation. In Pennsylvania, a A plaintiff must establish: (1) The defamatory character of the communication. (2) Its publication by the defendant. (3) Its application to the plaintiff. (4) The understanding by the recipient of its defamatory meaning. (5) The understanding by the recipient of it as intended to be applied to the plaintiff. A statement is defamatory “if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from association or dealing with him.”

The Court looked at one of the emails that seemed to impute that Mims engaged in criminal and/or improper conduct punishable by either imprisonment or judicial sanction to all employees of the company. The company tried to defend itself by asserting that the email was sent out to only certain privileged people at the company who needed to know that Mims was terminated and why. The Court ruled that the issue was too contentious to decide without further evidence and allowed Mims to amend his Complaint regarding the defamation claim.

At the Law Office of Sidkoff, Pincus & Green, our Pennsylvania and New Jersey attorneys are knowledgeable in all matters related to employment discrimination. To schedule a consultation with a Philadelphia employment lawyer, call 215-574-0600 today or contact us online.