Pennsylvania Is an "At-Will" Employment State

Pennsylvania is what is known as an “At-Will” employment state. This means that, as an employee, you are generally free to leave your job at any time and for any reason (there are a few instances where this does not strictly apply, for example, where employment is covered by a written contract – even in those cases, however, an employer cannot force an employee to continue working, but the employee may be liable to the employer for damages for breach of contract for a resignation that does not comply with the terms of the contract).

The flip side of this, however, is that an employer can generally fire an employee, for any reason, or no reason, as long as the real reason isn’t independently illegal. Some examples of this include: 1) discrimination on the basis of sex, race, age, national origin, sexual orientation, etc. – however, before an employee may bring a lawsuit for such discrimination, they must first file a complaint with the U.S. Equal Employment Opportunity Commission (“EEOC”) – this is known as “exhaustion of administrative remedies;” 2) in retaliation for engaging in some legal or protected activity (such as “whistleblowing” (but such claims must be made within 180 days of when the “whistleblowing” activity took place)), for filing a Worker’s Compensation claim or EEOC complaint, for example; 3) if the employer violates an employment contract or a collective bargaining agreement with a union to which the employee belongs.

If you would like a consultation on this or any legal matter, do not hesitate to contact Scaringi Law at 717-657-7770.