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Am I Protected Under Pennsylvania Employment Laws?
In Pennsylvania, all workers are considered employed at will unless they are part of a union, employed by the government or protected from termination by a contract.
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So, unless you are a union worker, government employee or party to a written employment contract, the "at will" doctrine protects employers from lawsuits arising from terminations that are unfair, based upon a mistaken belief in a set of facts wrongfully implicating the terminated employee or firings resulting from intentional actions by a co-worker or supervisor designed to bring about the your termination.
So, unless you are a union worker, government employee or party to a written employment contract, the "at will" doctrine protects employers from lawsuits arising from terminations that are unfair, based upon a mistaken belief in a set of facts wrongfully implicating the terminated employee or firings resulting from intentional actions by a co-worker or supervisor designed to bring about the your termination.
NOTE 1: In Pennsylvania, there are some limited exceptions to the "at will" principle. The most common exceptions are contained within anti-discrimination statutes such as Title VII, the Americans With Disabilities, Act and the Age Discrimination in Employment Act, etc.
In addition to the anti-discrimination statutes, there are some other laws that make it illegal to fire employees who have asserted their rights thereunder. The most common of these laws are the Family and Medical Leave Act, the Fair Labor Standards Act (requiring the payment of minimum wage, overtime, etc.) and the Pennsylvania Workers' Compensation Act.
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| Relocating to Take a New Job Exciting - but Risky Without a Good, Solid Contract |
The "employment at will" principle applies if you take a job down the street, or if you move from Alaska to Pennsylvania to take a job. It applies even if, 3 months after moving to Pennsylvania from Hawaii with your entire family (after you spouse quit his/her job and you took the kids out of school), you are fired because the company misapprehended its needs when it hired you, or because the boss does not care for your approach, or because a customer that had agreed to use your new employer's services backed out of its promise.
And, imagine that scenario if when you started at the new job you signed a non-compete?!?!
NOTE 2: As I hope is apparent, "at will" employees rarely have a case for "wrongful termination." However, recognizing that the "at will" principle can result in harsh outcomes, Pennsylvania does provide some remedy to "wrongfully" terminated employees. This remedy is unemployment benefits.
NOTE 2: As I hope is apparent, "at will" employees rarely have a case for "wrongful termination." However, recognizing that the "at will" principle can result in harsh outcomes, Pennsylvania does provide some remedy to "wrongfully" terminated employees. This remedy is unemployment benefits.
If You Intend to Move to Pennsylvania to Take a New Job, or Wish to Quit Your Current Job to Take a More Attractive One, You Should Protect Yourself With a Written Contract/Employment Agreement
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| The Chippah and the Boss - Parties to a Contract Chip Has Substantial Protection, Do You? |
He signed a "5-year contract" worth a reported $32.5 million. What does that mean?
It means that the Eagles were required to pay him roughly $6.5 million for each of the 5 years covered by the contract. Likely the Eagles also threw in some relocation expenses, as well!
Yet, while relocation expenses are important to the average person, the real key to Kelly's contract was the fact that is was "a 5-year contract." What that basically means is that the Eagles obligated themselves to pay Kelly the full $32.5 million over the 5-year contract period - whether they kept him employed for those 5-years or not.
While we would all like that kind of job security (and income!), obtaining some degree of job security rises to a nearly essential level for relocating or "job switching" workers. That is so because, in the absence of a written contract, the "at will" doctrine overrides any and all inequities that typically arise when a recently transplanted employee is terminated shortly after uprooting his/her life based upon a set of verbal promises made by the prospective employer during negotiating, none of which are included within an enforceable written agreement.
NOTE 3: Many job offers extended to relocating or job switching candidates are set forth in a letter, commonly signed by an HR representative (rather than by the person with whom the employee actually negotiated). While most companies "puff" when negotiating (i.e. make attractive promises), written job offer letters are typically form letters that do not include the "promises" made by the person that actually solicited your employment. Almost all of these letters state that you are to be "employed at will." If you are alarmed because the offer letter fails to include important promises made to you by the person with whom you actually negotiated the offer, you have good reason. That is so because the terms in the letter, and not the verbal promises, will control the situation if you are subsequently terminated.
Protect Yourself by Negotiating an Employment Agreement That Provides That You Cannot be Fired Except for "Good Cause"
While we would all like that kind of job security (and income!), obtaining some degree of job security rises to a nearly essential level for relocating or "job switching" workers. That is so because, in the absence of a written contract, the "at will" doctrine overrides any and all inequities that typically arise when a recently transplanted employee is terminated shortly after uprooting his/her life based upon a set of verbal promises made by the prospective employer during negotiating, none of which are included within an enforceable written agreement.
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| If the Offer Letter Does Not Contain Important Promises Made to You, You Should be Concerned |
Protect Yourself by Negotiating an Employment Agreement That Provides That You Cannot be Fired Except for "Good Cause"
Now, few have ever seen Chip Kelly's contract, experienced employment attorneys have negotiated many like it (although few of such magnitude!) and it is certain that there are exceptions to the Eagles' promise to employ and pay Coach Kelly for the full 5 year period.
The most common clauses that enable an employer to terminate a contract short of its expiration date are commonly referred to as "for cause" covenants. A "for cause" provision in an employment agreement that extends over a period of years is one that spells out (the more specifically, the better) "bad" behavior that would permit the employer to terminate the employee without further obligation.
The most common clauses that enable an employer to terminate a contract short of its expiration date are commonly referred to as "for cause" covenants. A "for cause" provision in an employment agreement that extends over a period of years is one that spells out (the more specifically, the better) "bad" behavior that would permit the employer to terminate the employee without further obligation.
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| Bad Deeds = "Cause" |
Common "for cause" reasons for termination typically include being convicted of a felony, engaging in gross misconduct/negligence and overt refusal to honor material obligations required under the contract.
An Employment Contract for a Period of Years Will Often Include a Severance or "Buy Out" Provision
In addition to including termination provisions covering "bad" conduct by an employee, the typical "fair" employment contract recognizes that the relationship may not work out despite good faith by all involved parties, and provides a reasonable exit strategy. In this way, it is much like a prenuptial agreement.
If you are leaving a secure job to take a new one, you want a severance provision in the new contract!
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| Spell Out an Exit Strategy in a Clear, Fairly Negotiated Employment Contract |
So, if during the first 3 years of the contract, Coach Kelly tries really hard, but the Eagles lose every game each year, the Eagles will be permitted to end the contract, provided that they provide proper "notice," and "buy out" some or all of the balance of the contract. For the average worker, the "buy out" would at a minimum include payment of severance and medical benefits for a predetermined period of time (good luck getting an agreement that would pay you out your full salary for the balance of the contract, which Coach Kelly likely has).
Misrepresentation Cases for Relocating or Job Switching Employees Rarely Succeed Under Pennsylvania Law
When people call to inquire about whether they can sue because they were induced to quit one job to take another (and/or to relocate) only to be fired soon after, they frequently assert that the company misrepresented itself during the negotiations. That will not help under Pennsylvania law, since the "employment at will" doctrine supersedes such arguments in all but the rarest cases.
That is why, the best, safest approach when considering quitting one job to take another, or to relocate to Pennsylvania to take a new job, is to negotiate a written agreement that spells out the parties' respective rights, duties and obligations. And make sure it includes severance if you are terminated without cause!
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| Protect Yourself, and Test the Good Faith of Your Potential New Employer |
If you are concerned that trying to negotiate a fair deal will be viewed as unduly aggressive or paranoid, and will thus cost you the job offer, you may want to ask yourself one basic question: Am I willing to trust these people under these circumstances? If you are, then take the job with eyes wide open. But, perhaps, you may conclude that a company that will not negotiate a fair employment arrangement with you is not worthy of your trust.
In this connection, by the way, our experience has been that good companies that want to hire attractive candidates are always willing to engage in negotiations that culminate in the inclusion of reasonable covenants that protect the individual from termination for reasons other than "cause."
HERE
ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:
What is an ILLEGAL Hostile Work
Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania
Employee Complaints and Retaliation - What is Legal and
What is Illegal
Voluntary Severance Offers - How to Negotiate and What to
Look for When a Company Offers Severance
Are Non-Compete Agreements Enforceable
in Pennsylvania? How Can I Negotiate a Non-Compete?
Non-Compete Agreements - Legally
Enforceable or Not, Negotiation is Often the Key
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