Understanding Your Rights in Pennsylvania
At Stark Law Group, we frequently encounter questions about employee rights in Pennsylvania. One of the most common topics is “at-will employment.” This legal concept can be confusing, so we’re here to break it down and explain what it means for both employers and employees in our state.
The Basics of At-Will Employment
Pennsylvania is an “at-will” employment state. This means that, generally, an employer can terminate an employee for any reason, or for no reason at all, as long as the reason isn’t illegal. Similarly, an employee is free to leave their job at any time, for any reason, without notice.
Think of it this way: the employment relationship can be ended by either party at any time, with or without cause or notice.
What At-Will Employment Means for Employers
For employers, at-will employment offers flexibility in managing their workforce. They can make staffing decisions based on business needs without needing to justify every termination. However, this doesn’t give employers free reign to act unlawfully.
What At-Will Employment Means for Employees
For employees, at-will employment means that your job security can feel less certain. You can be let go without warning, as long as the reason is not illegal. However, you also have the freedom to leave your job whenever you choose.
Important Exceptions to At-Will Employment
While at-will employment is the general rule in Pennsylvania, there are significant exceptions that protect employees from unlawful termination:
Discrimination: Federal and state laws prohibit employers from discriminating against employees based on protected characteristics such as: race, color, religion, gender, pregnancy, sexual orientation, gender identity, age, national origin, disability, and genetic information.
Retaliation: Employers cannot retaliate against employees for engaging in legally protected activities, such as:
- Reporting workplace safety violations (OSHA)
- Filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC)
- Taking FMLA leave
- Participating in union activities
Public Policy Exceptions: Pennsylvania courts have recognized exceptions to at-will employment based on public policy. This means an employer cannot fire an employee for reasons that violate a clear mandate of public policy. Examples include:
- Refusing to commit an illegal act
- Reporting illegal activity (whistleblowing)
- Filing a workers’ compensation claim
Contracts: If you have an employment contract that states a specific term or reasons for termination, the at-will rule does not apply. The terms of the contract will govern the employment relationship.
Examples of Illegal Termination
Here are some examples of situations that would not be considered at-will employment and could be grounds for a legal claim:
- Firing an employee because of their race.
- Firing an employee for reporting sexual harassment in the workplace.
- Firing an employee for taking legally protected FMLA leave.
- Firing an employee for refusing to falsify financial records.
What to Do If You Believe You Were Wrongfully Terminated
If you believe you have been wrongfully terminated, it is crucial to seek legal advice as soon as possible. An experienced employment attorney can evaluate the circumstances of your termination and determine if you have a valid legal claim.
How Stark Law Group Can Help
At Stark Law Group, we are dedicated to protecting the rights of employees in Pennsylvania. If you have questions about at-will employment or believe you have been wrongfully terminated, we can help. Contact us today for a consultation to discuss your situation and explore your legal options.