Employment At Will in Pennsylvania – You Still Have Rights!

You may have heard that Pennsylvania is an “employment at will” state.  That is true.

But remember – even if your employment is “at will”, you still have rights. There are state and federal laws that protect workers from discrimination and retaliation. “Employment at will” does not mean that the boss can break those laws. If you think your boss is breaking the law, contact me.

Employment at will:  In Pennsylvania, as in most states, the relationship between an employer and an employee is presumed to be “at will”.  “At will” simply means that the employment relationship does not create any ongoing duty on the part of either party.  This means – with some important exceptions – that the boss can change or terminate your employment “for good reason, bad reason or no reason at all”[1] – and that the employer can do so without “cause” – meaning without having to explain why.  “At will” goes both ways – the employee may quit at any time, for any reason, and without notice.  Employers argue that this is fair to everyone, but the reality is that the “at will” rules favor employers.

Some employment relationships are not “at will”.  The most common exception to the “at will” rule is an employment relationship that is governed by a contract.  The contract may be directly between the employer and a single employee, or it may be between the employer and a bargaining organization – a union.  In some very rare circumstances the provisions of an employer’s employee handbook may operate like a contract between the parties.  When there is a contract the parties are obligated to fulfill the requirements of the contract, and those requirements define the employment relationship.  The federal and state laws (discussed later) still apply, but the contract imposes additional obligations and responsibilities.

Another type of employment contract is the “non-compete” or “non-solicitation” agreement that some employers require employees – usually managers or sales professionals – to sign.  Obviously, I need to review a contract to tell you what it means and whether or not it may be enforceable in court.  If you have questions about your contract, call my office for a confidential consultation.

George Barron

I am an attorney based in Wilkes-Barre, PA. I practice employment law, immigration law and personal injury law.