Can I sue for wrongful termination in Pennsylvania?
1. At-Will Default
Pennsylvania has long been at-will. Henry v. Pittsburgh & Lake Erie R.R. Co., 139 Pa. 289 (1891).
2. Public Policy Exception
Geary v. United States Steel Corp., 319 A.2d 174 (Pa. 1974), acknowledged the at-will doctrine but suggested a narrow public-policy exception. Later cases (Shick v. Shirey, 716 A.2d 1231 (Pa. 1998)) recognized claims for terminations violating clearly mandated public policy — e.g., refusing to commit perjury, filing workers' comp claim, jury duty, reporting violations of law.
3. Implied Contract
Recognized in limited circumstances. Handbook disclaimers typically defeat claims (Martin v. Capital Cities Media, 511 A.2d 830 (Pa. Super. 1986)). Definite-term promises may rebut at-will.
4. Implied Covenant of Good Faith
Not recognized as standalone in at-will employment.
5. Statutory Discrimination Claims
Pennsylvania Human Relations Act (PHRA), 43 P.S. § 951 et seq., covers race, sex, age (40+), disability, religion, national origin. Enforced by PHRC; charge within 180 days. Title VII, ADEA, ADA via EEOC within 300 days.
6. Retaliation Statutes
43 P.S. § 1421 (Whistleblower Law — public bodies and recipients of public funds; healthcare facilities). § 1425 (workers' comp retaliation – Shick). PHRA retaliation.
7. WARN Act
No Pennsylvania mini-WARN. Federal WARN applies (60 days).
8. Damages
PHRA: back pay, front pay, compensatory, no punitives, attorney's fees. Public-policy tort: back pay, compensatory, punitive. Whistleblower: reinstatement, back pay, attorney's fees, civil penalty.
9. Statute of Limitations
PHRA: 180 days to file; Whistleblower: 180 days; public-policy tort: 2 years (42 Pa.C.S. § 5524); written contract: 4 years.
This is legal information, not legal advice.
- You were fired for filing a workers' compensation claim or refusing to commit an illegal act
- You reported wrongdoing while working for a public body or recipient of public funds
- You experienced discrimination under PHRA or federal anti-discrimination law
- 43 P.S. § 951 (PHRA)
- 43 P.S. § 1421 (Whistleblower Law)
- Geary v. U.S. Steel, 319 A.2d 174 (Pa. 1974)
- Shick v. Shirey, 716 A.2d 1231 (Pa. 1998)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.