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What is wrongful termination in Pennsylvania?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

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:

  • Filing a workers' comp claim — Shick v. Shirey, 552 Pa. 590 (1998).
  • Refusing to commit perjury — Reuther v. Fowler & Williams, 386 A.2d 119 (Pa. Super. 1978).
  • Reporting nuclear safety violations — Field v. Philadelphia Elec. Co., 565 A.2d 1170 (Pa. Super. 1989).
  • Serving on jury duty.
  • 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

  • Public policy tort: 2 years (42 Pa. C.S. § 5524).
  • PHRA: 180 days for charge; 2 years for civil action after PHRC referral.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • 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
    Related Statutes & Laws
    • 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.