Getting fired is stressful. Getting fired after reporting illegal activity at work can feel unfair — and it often is unlawful.
In Pennsylvania, workers have rights under state and federal law that protect them when they report wrongdoing. If you were fired after speaking up about illegal or unsafe activity, you may have a retaliation or wrongful termination claim — and you could be owed back pay, damages, and other legal remedies.
This article breaks down:
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What counts as “illegal activity”
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What protections Pennsylvania workers have
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How to prove retaliation
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What legal remedies you can pursue
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Steps you should take right now
What Qualifies as “Illegal Activity” in the Workplace
You are protected when you report actual or reasonably suspected illegal conduct. Examples include:
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Safety violations — OSHA‑related hazards
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Wage and hour violations — unpaid overtime or misclassification
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Discrimination or harassment — race, sex, disability, etc.
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Fraud — billing, insurance, financial misrepresentation
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Environmental violations — dumping, air/water breaches
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Health violations — food safety, hazardous exposure
The conduct you report does not have to be ultimately proven criminal — reporting in good faith may still trigger protection.
Is It Legal for an Employer to Fire You for Reporting Illegal Activity?
No.
In Pennsylvania, firing an employee for reporting illegal activity is typically unlawful when the reporting is a protected activity under statute or common law.
This protection comes from:
1. Federal Retaliation Laws
Examples include:
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Title VII (race, sex, religion)
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Age discrimination laws
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Americans with Disabilities Act (ADA)
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Fair Labor Standards Act (FLSA)
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Occupational Safety and Health Act (OSHA)
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Sarbanes‑Oxley (SOX) for certain fraud reporting
These laws prohibit employers from firing, demoting, or otherwise punishing employees who report violations.
2. Pennsylvania Whistleblower Law
Pennsylvania’s Whistleblower Law protects certain workers (especially public employees and those in government contracting) who report violations of law, rule, or regulation.
Under this law:
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You must report in good faith
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The employer must be a covered employer
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Your report must be to a person or public body with authority to address the misconduct
What Counts as Retaliation or Wrongful Termination?
Getting fired after reporting wrongdoing may be:
Retaliation
When your employer takes adverse action because you engaged in protected conduct — like reporting illegal behavior.
Retaliatory actions include:
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Termination
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Demotion
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Reduced pay
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Less desirable work assignments
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Unjust performance discipline
Wrongful Termination
If your termination violates public policy — such as firing you for reporting fraud or unsafe conditions — it may support a wrongful termination claim under Pennsylvania common law.
Even if a statute doesn’t cover your exact situation, courts recognize that firing someone for reporting illegal acts defies public policy.
How to Prove You Were Fired in Retaliation
To build a strong claim, you generally must show:
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Protected Activity
You reported illegal conduct internally or externally. -
Adverse Action
You were fired, demoted, or suffered a negative employment action. -
Causal Connection
Your protected report and the adverse action are connected — especially if the firing followed soon after the report.
Evidence That Helps Your Case
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Emails showing your report
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HR complaints or documents
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Messages admitting awareness of the complaint
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Witness statements
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Performance records that otherwise were positive
Good documentation is crucial.
What Legal Remedies Are Available
If you prevail on a retaliation or wrongful termination claim, remedies may include:
Financial Compensation
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Back pay (lost wages)
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Front pay (future losses in some cases)
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Emotional distress damages
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Interest and legal costs
Reinstatement
In some cases, courts will order your employer to reinstate you.
Attorney’s Fees
Many retaliation statutes allow you to recover attorney’s fees and litigation costs.
These remedies help make you whole and deter future retaliation.
How Pennsylvania Law Protects You
Pennsylvania Whistleblower Law
This law protects employees who report violations of law to an employer or government agency. Key points:
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Reporting must be made in good faith
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You must believe the conduct you reported was a violation
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Employers are prohibited from retaliating
Even if the report turns out to be incorrect, protection still applies if it was made in good faith.
What to Do If You Were Fired After Reporting Illegal Activity
If this has happened to you:
1. Document Everything
Save:
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Emails or written reports
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Notes about meetings
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Dates of incidents and your firing
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Names of witnesses
2. Request Your Personnel File
Under Pennsylvania law, you have the right to inspect your personnel records.
3. File a Complaint with the Right Agency
Depending on your claim:
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EEOC (federal discrimination)
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OSHA (safety retaliation)
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PA Department of Labor & Industry
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Local whistleblower office if applicable
4. Contact an Employment Attorney
Statutes of limitations are strict — waiting could cost your claim.
An experienced attorney can help you:
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Evaluate your case
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File the right claims
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Negotiate a settlement or take the case to court
Common Myths About Retaliation Claims
“At‑will employment means they can fire me for any reason.”
Fact: Employers cannot fire you for illegal reasons like retaliation for reporting wrongdoing.
“I have to report to a government agency for protection.”
Fact: Reporting internally can still be a protected activity if done in good faith.
“Only federal workers are protected.”
Fact: Many Pennsylvania statutes and common‑law principles protect private and public sector employees.
Frequently Asked Questions (FAQ)
Can I still sue if I didn’t go to a government agency?
Yes. You may still be protected under PA whistleblower laws and common law. Internal reporting is often enough — especially if done in good faith.
How long do I have to file a retaliation claim in Pennsylvania?
It depends on the law your claim is under. For federal discrimination retaliation, the deadline is usually 180 days. For whistleblower retaliation, it’s 180–300 days. Act fast.
What if HR ignored my complaint?
HR inaction does not remove your legal rights. Courts and agencies look at whether the employer failed to act on serious complaints.
Can I get my job back if I win a retaliation claim?
Sometimes. Courts may order reinstatement, but more often, you may receive back pay, front pay, and damages instead.
Does “at‑will employment” mean I have no rights?
No. Even in an at‑will state like PA, your employer cannot fire you for illegal reasons — including reporting unlawful conduct.
Conclusion & Next Steps
You have rights — and the law protects you when you do the right thing.
Being fired after reporting illegal activity can be unlawful retaliation or wrongful termination under Pennsylvania and federal law. Acting promptly, documenting your case, and consulting a skilled employment attorney can make all the difference.
Fired for Reporting Illegal Activity in PA? You May Have a Case.
Don’t let retaliation go unanswered. If you were fired after reporting illegal conduct, your rights may have been violated — and you may be entitled to compensation.
At SwartzSwidler LLC., we’ve helped Pennsylvania workers hold employers accountable for illegal firings, retaliation, and whistleblower violations.
- Free consultations
- Confidential and compassionate legal help
- No fees unless we win
📞 Call (856) 685-7420 or 📩 Contact us online today to protect your rights and your future.
