QUESTION

I was terminated, was told, "the company is losing money and your position is being eliminated" If they hire another in the same position, can I sue?

Asked on Sep 12th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
I was in a management position for almost a year. The company was losing more money, prior to my hiring, we were improving. I never had a review, a warning or anything.
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1 ANSWER

Pennsylvania is an "at-will" employment state.  This means that if you do not have a contract of employment or are not a union member, you can be terminated by your employer for good reason, bad reason, or no reason whatsoever, so long as the termination is not discriminatory or otherwise illegal.  So, in your situation, you would have to establish that you were terminated from your job (i.e., discriminated against) because of your race, sex, age, national origin, religion or disability, or for some other reason that specifically violates public policy.  The fact that your employer told you that were being fired because the company was losing money, if they hire someone else to replace you at your position and pay that individual the same or more money than the employer was paying you, that evidence would seem to suggest that the "losing money" claim was untrue and that there was really a different reason why you were let go.  However, you would need some additional evidence, beyond simply the fact that you were replaced, in order to substantiate a claim for discrimination, such as stray comments made prior to your termination, or the employer treating other employees who were in the same job as you differently than it treated you.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. (610) 565-3700 x 271  mdavey@eckellsparks.com You can contact me on Skype @: mjdavey957  www.paemploymentlaw.blogspot.com www.eckellsparks.com
Answered on Sep 27th, 2012 at 8:59 AM

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