In Pennsylvania, employment is typically "at-will," meaning that an employer can terminate an employee's contract at any time, for almost any reason, without notice. However, there are some exceptions and limitations to this rule:
- Discrimination: An employer cannot terminate an employee based on their race, religion, age, gender, or any other protected characteristic under state or federal law. If an employee believes they were terminated for discriminatory reasons, they may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC).
- Retaliation: An employer cannot terminate an employee for engaging in protected activity, such as reporting harassment, discrimination, or unsafe working conditions. If an employee believes they were terminated in retaliation for protected activity, they may file a complaint with the EEOC, PHRC, or the Occupational Safety and Health Administration (OSHA).
- Contractual Obligations: If an employee has a written or implied contract that outlines the terms of their employment, such as a collective bargaining agreement or promised job security, the employer must follow those terms when terminating the employee.
- Public Policy: An employer cannot terminate an employee for exercising their legal rights, such as filing a workers' compensation claim, serving on jury duty, or fulfilling National Guard duties.
If an employee believes their termination was unlawful, they may have legal options to seek relief or compensation, such as filing a lawsuit. However, it is important that they consult with an experienced employment law attorney to determine the best course of action based on the specifics of their case.
In general, employers are advised to follow best practices when terminating an employee, such as providing clear reasons for the termination, documenting performance or behavioral issues, and offering any necessary support or resources for the transition.
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