Wrongful Termination Law in Pennsylvania
This page covers wrongful termination law as it applies in Pennsylvania — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful termination protects generally, see the national overview.
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Quick answer
Pennsylvania is an at-will employment state, meaning most employers may fire workers for any reason — but not for an illegal reason such as discrimination based on race, sex, religion, age, national origin, or disability, or retaliation for reporting a workplace violation. If you believe your firing was illegal, the single most urgent step is checking your deadline to file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the U.S. Equal Employment Opportunity Commission (EEOC), because those windows can be as short as 180 days from the date of the termination. This page provides general legal information; consult an attorney about your specific situation.
Laws that govern wrongful termination in Pennsylvania
Pennsylvania state law
- Pennsylvania Human Relations ActAct of Oct. 27, 1955, P.L. 744, No. 222; 43 P.S. §§ 951–963
Prohibits employment discrimination based on race, color, sex, age (40 and over), religion, national origin, ancestry, and disability for employers with four or more employees, and establishes the Pennsylvania Human Relations Commission to investigate and resolve complaints.
- Pennsylvania Whistleblower LawAct of Dec. 12, 1986, P.L. 1559, No. 169; 43 P.S. §§ 1421–1428
Prohibits public employers and organizations receiving public funding from retaliating against employees who in good faith report violations of law or waste of public resources.
Federal law
- Title 29 — Labor
The U.S. Code title that houses these federal statutes.
- Title VII of the Civil Rights Act of 1964
Prohibits employment discrimination based on race, color, religion, sex, and national origin. Codified at 42 U.S.C. §§ 2000e et seq.
- Family and Medical Leave Act of 1993
Federal law allowing eligible employees of covered employers up to 12 weeks of unpaid leave for specified family and medical reasons. Codified at 29 U.S.C. §§ 2601 et seq.
- Americans with Disabilities Act of 1990
Civil-rights law prohibiting discrimination based on disability in employment, public services, public accommodations, and telecommunications. Codified at 42 U.S.C. §§ 12101 et …
- Worker Adjustment and Retraining Notification Act
Requires employers with 100+ employees to give 60 days’ advance notice of plant closings and mass layoffs. Codified at 29 U.S.C. §§ 2101–2109.
Pennsylvania-specific deadlines for wrongful termination cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- File discrimination complaint with the Pennsylvania Human Relations Commission: 180 days
You must file a complaint with the Pennsylvania Human Relations Commission within 180 days of the discriminatory act. The PHRC automatically cross-files your complaint with the EEOC when federal law also applies.
43 P.S. § 959(h) (Pennsylvania Human Relations Act, Act of Oct. 27, 1955, P.L. 744, No. 222)
- File charge with the Equal Employment Opportunity Commission (federal discrimination claims): 300 days
Pennsylvania is a 'deferral state' because it has its own anti-discrimination law and the PHRC, which extends the EEOC filing window from 180 to 300 days. This extended deadline applies to charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.
42 U.S.C. § 2000e-5(e)(1) (Title VII of the Civil Rights Act of 1964)
- File civil lawsuit under the Pennsylvania Whistleblower Law: 180 days
A person alleging retaliation under the Pennsylvania Whistleblower Law must bring a civil action in court within 180 days of the retaliatory act. This law primarily covers public employees and employees of publicly funded organizations.
43 P.S. § 1424(a) (Pennsylvania Whistleblower Law, Act of Dec. 12, 1986, P.L. 1559, No. 169)
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful termination in Pennsylvania.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; Texas employees are served primarily through the Houston District Office.
The state agency that investigates employment discrimination complaints under the Pennsylvania Human Relations Act; filing a complaint here is the required first step before suing in state court for discrimination.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Ohio residents have 300 days from a discriminatory act to file a charge.
Primary federal agency for filing employment discrimination charges; handles claims by private-sector employees in Georgia under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and related laws.
Federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Michigan employees have 300 days to file a charge.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and other federal anti-discrimination employment laws; California employees may file a charge within 300 days of the discriminatory act.
Enforces federal employment discrimination laws including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; Florida workers can dual-file charges with both the Equal Employment Opportunity Commission and the Florida Commission on Human Relations.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and related federal laws; filing a charge is required before suing in federal court.
The federal agency that enforces Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws; accepts charges from Pennsylvania workers within 300 days of a discriminatory act.
The federal agency that enforces Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal anti-discrimination laws for Illinois workers.
Investigates employment discrimination charges under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws; file a charge here first if you were terminated because of a protected characteristic such as race, sex, religion, national origin, age, or disability.
The federal agency enforcing Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New Jersey workers have 300 days to file a charge, which is required before bringing a federal lawsuit.
Accepts federal employment discrimination charges under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act for workers in Virginia.
Provides free legal assistance to income-eligible Pennsylvanians with employment discrimination complaints, EEOC charge filings, and related employment law matters.
Federal agency that investigates charges of employment discrimination under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal employment laws; Washington residents have 300 days to file a charge.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Pennsylvania
- 1
Write down exactly what happened
Record the date of your termination, the reason your employer gave (or that no reason was given), the names of any witnesses, and any statements made before or during the firing.
- 2
Identify whether the firing may be illegal
Consider whether you were let go because of a protected characteristic — such as race, sex, religion, age 40 or over, or disability — or because you did something legally protected, such as reporting harassment or filing a workers' compensation claim.
- 3
Preserve evidence before you lose access
Collect copies of your performance reviews, emails, text messages, the employee handbook, and any written disciplinary records while you can still access them.
- 4
File a complaint with the PHRC or EEOC promptly
For state discrimination claims, you have only 180 days from the discriminatory act to file with the Pennsylvania Human Relations Commission; for federal claims under laws like Title VII, you have 300 days to file with the Equal Employment Opportunity Commission because Pennsylvania has its own enforcement agency.
- 5
Consult an employment attorney
An employment lawyer can evaluate your claim, help you meet critical filing deadlines, and explain whether to pursue the administrative complaint process, a lawsuit, or both.
- 6
Follow the required complaint process before filing in court
For claims under the Pennsylvania Human Relations Act, you must go through the PHRC process first; after the PHRC has had one year to investigate — or if it dismisses your complaint sooner — you may elect to file a civil lawsuit in the Court of Common Pleas.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful termination in Pennsylvania
Is Pennsylvania an at-will employment state?
Yes. Pennsylvania follows the at-will employment doctrine, which means most employers can fire a worker for any reason or no reason at all. The law does, however, prohibit terminations based on discrimination (for example, race, sex, age 40+, disability, or religion), retaliation for legally protected activities, or breach of an express employment contract.
How do I know if my firing was illegal?
Warning signs include being fired shortly after filing a workers' compensation claim, reporting harassment or a safety violation, or taking protected family or medical leave; being treated more harshly than coworkers outside your protected group; or receiving an inconsistent or shifting explanation from your employer. Courts and agencies look at the full picture, not just the reason stated at the time of termination.
Do I have to go through the PHRC before I can sue my employer in court?
Generally yes, for state discrimination claims under the Pennsylvania Human Relations Act. You must first file a complaint with the PHRC. After the PHRC has had at least one year to investigate without resolving the matter — or if it dismisses your complaint earlier — you may elect to bring a civil lawsuit in the Court of Common Pleas.
What is the deadline to file a discrimination complaint?
For state law claims under the Pennsylvania Human Relations Act, you have 180 days from the date of the discriminatory act to file a complaint with the PHRC. For federal claims — such as those under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act — you have 300 days to file with the EEOC because Pennsylvania has its own anti-discrimination agency, making it a 'deferral state.'
Does the Pennsylvania Whistleblower Law protect all employees?
No. The Pennsylvania Whistleblower Law primarily protects employees of state and local government agencies and organizations that receive public funding, not employees of fully private companies. Workers at private companies who report certain violations may still have protection under specific federal anti-retaliation statutes, depending on what type of wrongdoing they reported.
What can I recover if I win a wrongful termination case?
Possible remedies include reinstatement to your former position, back pay for wages lost since the termination, reinstatement of benefits and seniority rights, compensatory damages (including for emotional distress under some laws), and payment of reasonable attorney's fees. The specific remedies available depend on which statute is invoked and the facts of your case.
What if my employer says I was fired for poor performance?
An employer's stated reason is not automatically accepted by the PHRC, the EEOC, or a court. Investigators compare the employer's explanation against the full record — including whether performance concerns arose suspiciously close to a protected event, whether similarly situated workers outside your protected group were treated differently, and whether the explanation has remained consistent. Significant inconsistencies in the employer's story can be powerful evidence.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.