Legal Question in Employment Law in Pennsylvania

Is 'wrongful termination' of an 'at will' employee possible?

One of my former co-workers was not performing his job. It took one year to terminate him. There had to be a paper trail, meetings with human relations folks, work plans with progress reporting to that work plan, etc., etc. This was willful misconduct on his part--deadlines missed; tardy; sign the work plan developed with the manager today, yet tomorrow report that it is not completed. And it still took one year to terminate him. (I remember this well as alot of his work then fell to me; we had the same manager.)

Contrast that with being terminated via a registered mail letter without having had a poor performance review, notice, email, nor even a discussion. The letter states that not returning a phone call (while the employee was on vacation) was in violation of the employment contract. An employment contract was never provided nor signed. Isn't this a wrongful termination?

While reading some of the postings on this website, I have learned that Pennsylvania is an 'at will' employment state. To the layman, (me), that sounds as though the worker has no rights unless discriminated against on the basis of race, gender or creed. But is 'not returning a phone call while on vacation' grounds for dismissal?


Asked on 3/26/06, 7:22 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Is 'wrongful termination' of an 'at will' employee possible?

Yes. Being an at-will state the employer need not have any reason or can have a stupid reason for firing a person. As long as that person wasn't fired for an illegal discriminatory reason then the termination will stand.

Sometimes the system works, in that it protects people in discriminated classes from illegal discrimination. Sometimes the system doesn't work in that it protects putzes who use their protected status to screw an employer.

No matter, the average employee must be graded on there own merits and should not compare treatment of themselves as compared to another employee. One can drive themselves crazy doing so. As your mother told you when you were young, the world isn't fair, deal with it.

Regards,

Roger Traversa

[email protected]

Read more
Answered on 3/26/06, 12:38 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania