What is the process for terminating an employee in Pennsylvania, and what are the potential legal pitfalls that a company should be aware of?

Legal Protections for Employees in Pennsylvania

Under Pennsylvania law, employers are generally allowed to terminate employees at-will, meaning that they can be terminated for any reason, with or without notice, as long as the reason does not violate the law. However, there are certain legal protections that employees have that employers must be mindful of when terminating an employee in order to avoid potential legal pitfalls.

Discrimination and Retaliation

First, employers should ensure that the reason for termination is not discriminatory or retaliatory. Discriminatory reasons for termination may include an employee’s race, gender, nationality, religion, age, disability, or other protected characteristics. Similarly, retaliatory termination may be illegal if an employee has made a complaint or engaged in protected activity, such as reporting a safety violation, requesting a reasonable accommodation, complaining about discrimination or harassment, or participating in an investigation or lawsuit.

Contractual Obligations

Second, employers should ensure that they are not violating any contractual obligations with the employee, such as a collective bargaining agreement or an employment contract. Terminating an employee in breach of a contract could result in liability for breach of contract or unjust enrichment.

Wage and Hour Laws

Third, employers should ensure that they are complying with all applicable wage and hour laws, including the Fair Labor Standards Act, which sets minimum standards for wages, overtime, and other working conditions. Terminating an employee in violation of wage and hour laws could result in liability for unpaid wages, liquidated damages, and other penalties.

Potential Legal Claims

Fourth, employers should ensure that they are not exposing themselves to potential legal claims from the employee or others. For example, terminating an employee for reporting a safety violation or for taking FMLA leave could result in a lawsuit under state or federal law.

Internal Policies and Procedures

Finally, employers should ensure that they are following their own internal policies and procedures, including any progressive discipline policies, in order to minimize the risk of legal claims from the employee or others.

In order to avoid potential legal pitfalls when terminating an employee, employers should consult with an experienced employment lawyer who can provide guidance on the specific circumstances of the termination and help ensure that the process is conducted in a legal and ethical manner.