What is wrongful termination in Pennsylvania?
Pennsylvania follows the at-will doctrine but recognizes a limited public policy exception that has been narrowly construed by the courts.
1. At-Will Default
Henry v. Pittsburgh & Lake Erie R.R., 139 Pa. 289 (1891). Either party may terminate at any time absent a contract.
2. Public Policy Exception (Geary)
Geary v. United States Steel Corp., 456 Pa. 171 (1974), recognized — but did not apply — a public policy exception. Subsequent cases have applied it narrowly. Examples where courts have allowed claims:
The court requires the public policy to be clearly mandated by the Constitution, a statute, or a decision of the Pennsylvania Supreme Court.
3. No Implied Contract from Handbook (Default)
Bauer v. Pottsville Area Emergency Med. Service, 758 A.2d 1265 (Pa. Super. 2000), holds that handbooks are presumed not to be contracts unless they contain a clear, unambiguous offer of just-cause employment.
4. Pennsylvania Human Relations Act — 43 P.S. § 955
Prohibits discrimination based on race, color, familial status, religious creed, ancestry, age (40-70), sex, national origin, handicap or disability, use of guide/support animals. Applies to employers with 4+ employees. File with PHRC within 180 days.
5. PA Whistleblower Law — 43 P.S. § 1421
Originally limited to public employees; amended in 2014 to cover "public bodies" and certain private healthcare employees receiving public funds. Recovery: reinstatement, back pay, costs, attorney's fees, and a civil penalty up to $10,000.
6. Workers' Comp Retaliation
Codified in Shick — covered by public policy exception.
7. WARN Act
Pennsylvania has no state WARN; federal WARN (60-day notice for 100+ employees) applies.
8. Statute of Limitations
This is legal information, not legal advice.
- You may fall within Pennsylvania's narrow Geary public policy exception
- You face a 180-day PHRC deadline that runs faster than the federal EEOC charge period
- You're a healthcare worker who reported safety issues and may be protected under the expanded Whistleblower Law
- 43 P.S. § 955
- 43 P.S. § 1421
- 42 Pa. C.S. § 5524
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.