Most employment relationships in Pennsylvania are “at-will.” What does this mean? At-will employment means you or your employer can terminate the employment relationship at any time and for any reason as long as the termination is not illegal. At-will employment differs from employees with written contracts and those who work under collective bargaining agreements, as explained below.
If you have questions about your employment status or believe your employer wrongfully terminated you, an experienced Pennsylvania employment lawyer can help you understand and protect your rights.
How Does Pennsylvania Define At-Will Employment?
Under Pennsylvania law, your employer can terminate your employment anytime if the termination is legal since it is an at-will employment state. An illegal basis for firing you would be related to protected characteristics such as your gender, age, race, or religion. Similarly, as an at-will employee, you can quit your job anytime.
At-will employment differs from employment under a contract specifying the employment terms. Such agreements typically include provisions concerning the grounds upon which your employer can terminate you (or you can end the employment relationship), benefits, and dispute resolution.
What Are the Exceptions to At-Will Employment?
Employment contracts are one exception to at-will employment. In an employment contract, you and your employer define the scope of your duties and establish the duration of the employment relationship in addition to the terms noted above.
Union employees’ collective bargaining agreements with their employers are another form of employment contract, an exception to an at-will employment arrangement. Collective bargaining agreements likewise define the workers’ job duties, pay rates for each job, and the duration of the employment contract.
Finally, a public policy exception to at-will employment exists in Pennsylvania. Under this exception, your employer is prohibited from firing you if the termination violates public policy. Examples of activities that may be protected under this exception include performing a civic duty (such as jury duty), exercising your statutory rights, such as filing a workers’ comp claim, and reporting violations of law.
You may have a wrongful termination claim if your employer fired you for exercising your legal rights. This claim, known as “retaliatory termination,” could arise from an employee’s termination related to exercising the legal right to make a formal complaint about harassment in the workplace or take protected leave, such as medical leave under the Family and Medical Leave Act (FMLA).
How Does At-Will Employment Affect Your Rights?
Because your employer can fire you at any time, you may feel less secure in your position compared to a contractual arrangement in which your employment duration is specified. At-will employment means you have no legal recourse if your employer fires you. Unless your employer does not have the legal means to terminate you, you likely do not have any options to challenge the termination.
However, your employer cannot force you to sign away your rights whether you are an at-will employee or have an employment contract. Specifically, you do not have to agree to forego your right to bring discriminatory actions related to your work. In other words, your employer cannot prohibit you from making complaints about the discrimination you could face in the workplace based on your protected class status.
Contact Ramage Lykos, LLC Today
At Ramage Lykos, LLC, we are dedicated to assisting Pennsylvania workers in all aspects of their employment cases. Whether you believe your employer wrongfully terminated you from your contractual position, or you have a retaliation claim because you filed a workers’ comp case, we can help. Contact us today to speak to an experienced employment lawyer in a confidential consultation.