Can I file a claim for wrongful termination if I’m being treated unfairly?

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Can I file a claim for wrongful termination if I’m being treated unfairly?

I was terminated today from my employment. This just one day after coming back from my honeymoon. I was told that I was being terminated because of a so-called unauthorized leave of work early on 10/06/10 to catch my departing flight on time. In fact they were well aware of this and it was approved. Also, there is an employee currently working for this company that has received 3 write-ups for his extensive absentees, lateness, job performance along with other issues. I had only called out once, never late, worked extra hours and no write-ups. He has over 20 days missed.

Asked on October 14, 2010 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm afraid that you have no legal recourse here for wrongful termination. Unfair isn't necessarily illegal.  The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not and an employer can hire or fire you for any reason or no reason.  Exceptions would be if this action was not allowed by a union/employment contract, or an official company policy statement.  Also, discrimination must not have played a role in your termination ( (i.e., for reasons due to your race, religion, age, disability, sex, national origin).  Absent any of these circumstances, your firing does not constitue an unlawful termination.


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