As an employer in Pennsylvania, when terminating an employee, there are several important steps to take to ensure that the termination is lawful and minimizes potential legal risks.
- Review the employment agreement or contract – If the employee has an employment agreement, it should be reviewed to determine any specific requirements or limitations on termination.
- Ensure that the termination is not discriminatory – Termination based on the employee’s race, gender, age, religion, national origin or other factors prohibited by law is illegal.
- Provide notice if required – Pennsylvania does not have notice requirements for employment terminations; however, providing notice to the employee may still be a good idea to reduce potential legal claims.
- Provide the employee with a clear reason for the termination – Although Pennsylvania is an at-will employment state, providing employees with a clear reason for termination can help to reduce legal risks.
- Conduct the termination meeting in person – If possible, conduct the termination meeting in person, notifying the employee of the termination and providing a brief explanation of the reason(s) for the termination.
- Collect company property – At the termination meeting, collect all company property from the employee, including keys, access badges, cell phones, and laptops.
- Provide final compensation – Ensure that the employee is paid all final compensation owed within the time frame required by law.
- Offer a severance agreement – Offering a severance agreement may help to reduce the risk of the employee pursuing legal action against the employer.
It is important to note that each employment termination may present unique circumstances that may require additional steps or precautions. Therefore, employers may want to consult with legal counsel for specific advice and guidance.
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