What steps do I need to take to terminate an employee in Pennsylvania?
To terminate an employee in Pennsylvania, an employer should follow the following steps:
- Review the employment contract and relevant company policies to ensure the termination is lawful and in compliance with any applicable state and federal laws.
- Provide the employee with a clear and specific reason for the termination. This is particularly important if the employee has an employment contract with a defined term or if the employee is being terminated for cause.
- Provide written notice of termination. Pennsylvania law requires employers to provide notice of termination to any employee who has been employed for at least one year and who works for an employer with at least 100 employees. The notice must be provided at least 60 days prior to the termination date.
- Ensure that the termination is not discriminatory based on a protected characteristic, such as race, age, gender, or disability. The employer should follow any relevant anti-discrimination laws and ensure that any termination decision is based solely on job-related factors.
- Offer severance pay or other compensation, if appropriate. There is no Pennsylvania law that requires employers to offer severance pay. However, if the employer has a policy or practice of offering severance pay, they should honor that policy.
- Collect any company property, such as keys, access cards, or equipment, from the employee prior to their departure.
- Provide the employee with any compensation owed, such as unpaid wages, vacation time, or other benefits.
It is important to note that certain limitations or exceptions may apply to terminating employees in Pennsylvania, such as the presence of a collective bargaining agreement. Employers should consult with an experienced employment lawyer to ensure that they are in compliance with all applicable laws and regulations.