Legal Question in Employment Law in Pennsylvania
Should I sign a memo about being fired for any reason?
My husband just received a memo from the company he works for stating that anyone in the company can be fired on the spot if it is deemed appropriate. It states they can also fire an employee at will. The memo starts by stating that the company has rules of conduct too numerous to provide to their employees and gives just a few examples of inappropriate behavior. I feel that he should not sign this memo without the company providing a complete written set of rules of conduct to their employees to look over. I feel this is a way to get rid of people they do not like. It gives them an out. Legally, does he have to sign this? What if he gets fired for not signing it because it is one of their reasons for termination? If he does sign it and is fired in the future for a minor infraction, does he have any legal recourse?
1 Answer from Attorneys
Re: Should I sign a memo about being fired for any reason?
In Pennsylvania if a person does not have a specific contract of employment (e.g., a contract with a specific duration for a job) or is not a part of a union bargaining agreement the person is an at-will employee. This means at any time a company can hire, fire, promote, demote, change a person's job, responsibilities or pay at any time for any reason providing that the company does not base their decision on a person's age, sex, religion, color, disability, etc.
If your husband does not have a specific contract of employment or is not a part of a union then the company can already do what they are saying in the memo by law. The memo is just letting the employees know this. Whether your husband signs this or doesn't sign this probably will not affect his rights (depends on what exactly the memo is saying--if he is waiving his rights then it is a different matter). If he refuses to sign it the company can fire him. If he signs it, the company can still fire him. The company can hire, fire at-will, whenever they want. That is the meaning of an at-will employee. It is not fair, but it is the law.