Employment Laws in Pennsylvania: At-Will, Discrimination, and Wages

**Employment Laws in Pennsylvania: At-Will, Discrimination, and Wages**

As a Pennsylvania resident, understanding your employment rights and the laws that govern them is crucial. This comprehensive guide will walk you through the key employment laws in Pennsylvania, including at-will employment, discrimination, and wages. We will also provide you with step-by-step instructions, frequently asked questions (FAQs), and information on how to find a Pennsylvania attorney.

**Key Takeaways:**

• At-will employment in Pennsylvania means that employees can be terminated without cause, but there are exceptions.
• The Pennsylvania Human Relations Act (PHRA) prohibits employment discrimination based on characteristics such as age, disability, and sex.
• The Pennsylvania Minimum Wage Act requires employers to pay employees at least $7.25 per hour.
• Employees have the right to file complaints with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC).
• If you are a victim of employment discrimination, you may be entitled to compensation and other remedies.

**Step-by-Step Instructions:**

### Filing a Complaint with the PHRC:

1. **Gather evidence:** Collect documents and witness statements that support your claim of employment discrimination.
2. **Complete the complaint form:** Download and complete the PHRC complaint form from the PHRC website ().
3. **Submit the complaint:** Mail or fax the completed complaint form to the PHRC at:
Pennsylvania Human Relations Commission
1101 Market St, Suite 1500
Philadelphia, PA 19107-2815
Fax: (215) 560-2060
4. **Wait for a response:** The PHRC will review your complaint and contact you with a determination.

### Filing a Complaint with the EEOC:

1. **Gather evidence:** Collect documents and witness statements that support your claim of employment discrimination.
2. **Complete the complaint form:** Download and complete the EEOC complaint form from the EEOC website ().
3. **Submit the complaint:** Mail or fax the completed complaint form to the EEOC at:
EEOC
Philadelphia District Office
801 Market St, Suite 2600
Philadelphia, PA 19107-2954
Fax: (215) 928-2311
4. **Wait for a response:** The EEOC will review your complaint and contact you with a determination.

### Filing a Lawsuit:

1. **Consult an attorney:** Contact a Pennsylvania attorney who specializes in employment law to discuss your options.
2. **File a complaint:** If your attorney determines that you have a valid claim, they will file a complaint with the court.
3. **Wait for a response:** The court will review your complaint and contact you with a determination.

**Pennsylvania Laws and Statutes:**

* **Pennsylvania Human Relations Act (PHRA):** 43 P.S. § 951-963
* **Pennsylvania Minimum Wage Act:** 43 P.S. § 333.101-333.108
* **Pennsylvania Wage Payment and Collection Law:** 43 P.S. § 260.1-260.12

**Filing Fees:**

* **PHRC complaint filing fee:** $0 (no fee for filing a complaint)
* **EEOC complaint filing fee:** $0 (no fee for filing a complaint)
* **Court filing fee:** $50-200 (depending on the court and the type of case)

**Deadlines:**

* **PHRC complaint deadline:** 180 days from the date of the alleged discriminatory act
* **EEOC complaint deadline:** 300 days from the date of the alleged discriminatory act
* **Court lawsuit deadline:** varies depending on the court and the type of case

**Frequently Asked Questions (FAQs):**

1. **Q:** What is at-will employment in Pennsylvania?
**A:** At-will employment in Pennsylvania means that employees can be terminated without cause, but there are exceptions.
2. **Q:** Can I file a complaint with the PHRC or EEOC if I have already filed a lawsuit?
**A:** Yes, you can file a complaint with the PHRC or EEOC even if you have already filed a lawsuit.
3. **Q:** How long does it take for the PHRC or EEOC to review a complaint?
**A:** The PHRC and EEOC typically review complaints within 6-12 months.
4. **Q:** Can I be fired for refusing to disclose my immigration status in Pennsylvania?
**A:** Yes, employers in Pennsylvania may fire employees for refusing to disclose their immigration status.
5. **Q:** How much can I recover in damages if I win a lawsuit under the PHRA?
**A:** You may be entitled to recover back pay, front pay, and other damages, including emotional distress damages.

**How to Find a Pennsylvania Attorney:**

1. **Contact the Pennsylvania State Bar:** The Pennsylvania State Bar can refer you to an attorney who specializes in employment law.
2. **Search online:** You can search online for attorneys who specialize in employment law in Pennsylvania.
3. **Ask for referrals:** Ask friends, family, or colleagues for referrals to attorneys who specialize in employment law.
4. **Check with the EEOC:** The EEOC can refer you to an attorney who specializes in employment law.

**Legal Disclaimer:**

This guide is for informational purposes only and is not intended to provide legal advice. If you have specific questions or concerns, you should consult an attorney who specializes in employment law in Pennsylvania. The information in this guide may not be up to date or accurate, and you should verify the information with the relevant authorities or an attorney before relying on it.

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