You may have heard that Pennsylvania is an “employment at will” state. This is the short version of what that means.
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 still apply, but the contract imposes additional obligations and responsibilities.
Learn more by reading my Secret Employee Handbook. It is free, just click the link and provide the requested information. If you want a paper copy, call or email my office.
[1] Nix v. Temple University., 408 Pa. Super. 369, 596 A.2d 1132, 1135 (Pa. Super. Ct. 1991).