Wrongful termination case provides lessons for Pennsylvania employees

March 26, 2014

Wrongful termination case provides lessons for Pennsylvania employees

Article provided by Jared Jacobson Law, LLC
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A former Oracle employee alleges he was unlawfully fired after he voiced complaints about discriminatory practices. According to the man, he began to complain after being instructed to offer an Indian employee significantly less pay than his Caucasian counterparts. As a result, the man is suing the company for wrongful termination.

More on the case

The case, out of California, began when a sales executive with the company allegedly complained that he was asked to participate in discriminatory practices by offering a significantly lower base pay to an employee based on the fact that the employee's nation of origin was India. According to his complaint, the man was told the offered salary was "good money for an Indian."

The Silicon Valley Business Journal further reports that the executive was unexpectedly terminated from his position shortly after his complaint. According to the report, the man had numerous awards and was in the midst of a "high-performing career" prior to the termination. If the allegations are supported, the firing would likely be against Oracle's reported policy of providing written warning and performance reviews prior to pursuing termination of an employee.

Application of wrongful termination and discrimination laws

In this instance, Oracle could be guilty of violating two laws: discrimination and wrongful retaliatory termination.

If the company was offering Indians a lower level of pay based on their country of origin, Oracle would likely be guilty of discrimination. Discrimination of this nature is illegal under Title VII of the Civil Rights Act of 1964. Under this law, it is illegal to treat an employee differently based on his or her race, national origin, gender or religion. Furthermore, the Immigration Reform and Control Act also offers protection against discrimination of U.S. citizens or "intended citizens" based on their nation of origin.

In addition, if Oracle fired an employee for complaining about these illegal practices, the company would likely be guilty of retaliation. Retaliation is a form of wrongful termination that occurs when a company fires or takes another form of negative action against an employee for complaining about harassment or discrimination.

Wrongful termination law in Pennsylvania

The case above applies to workers in Pennsylvania as well. Those who fear that they are the victims of discrimination or retaliatory practices are protected by both federal and state laws. In addition to the above mentioned federal protections, it is against state law to fire an individual based on race, color, religious creed, ancestry, age or national origin under the Pennsylvania Human Relations Act. The Act also extends to provide protections to those who have filed complaints about illegal practices like those mentioned above.

If you believe you were wrongfully terminated, contact an experienced Pennsylvania wrongful termination attorney. This legal professional will review your case and better ensure your legal rights are protected.