At-will employment means an employer can fire an employee at any time, for any reason—or no reason at all—unless that reason breaks a law. It also means an employee can leave the job at any time, with or without notice.
Pennsylvania follows this at-will employment rule, just like many other states. The only exception nationwide is Montana, where employers need "good cause" to terminate someone after a probation period.
If you run a business or work in Pennsylvania, understanding at-will employment can help you avoid legal risks and protect your rights.
Who Does At-Will Employment Affect?
Employers: Small businesses in Montgomery, Bucks, Delaware, and Chester Counties, including restaurants, construction firms, tech startups, healthcare clinics, and retail shops.
Employees: Workers across all sectors—teachers, office managers, HVAC techs, nurses, warehouse workers, and more.
HR professionals: Especially those managing hiring and termination decisions in companies with 4+ employees (the threshold for protection under Pennsylvania’s Human Relations Act).
Union and non-union employees: Since unionized workers often follow different termination rules under collective bargaining agreements.
At-will DOES NOT mean “anything goes.”
An employer can terminate a worker at will, but not in violation of:
- State or federal anti-discrimination laws
- Public policy
- Employment contracts
- Retaliation protections
What Employers in Pennsylvania Need to Know
At-will employment gives you flexibility—but without proper planning, it can create liability. You can make smarter decisions and reduce legal exposure by taking the following steps:
Best Practices for Employers
- Document all hiring, discipline, and termination decisions.
- Use a detailed, up-to-date employee handbook with a clear at-will disclaimer.
- Conduct performance reviews regularly to back up decisions.
- Train managers to recognize potential discrimination or retaliation risks.
- Consult an employment attorney before terminating employees.
Top Tip: A well-drafted employee handbook acts like your first line of defense in a wrongful termination case. But don’t assume it fully protects you—some courts find implied contracts if your policies suggest job security.
What Employees Should Understand
If you’re an at-will employee, your employer doesn’t need to explain why they’re letting you go. But that doesn’t mean you’re powerless.
Protect Yourself By:
- Reviewing your offer letter and employment contract for guarantees or exceptions.
- Reading the employee handbook for implied contract terms.
- Saving performance reviews, emails, and documentation.
- Speaking with an employment lawyer if you suspect discrimination or retaliation.
Hypothetical scenario: An employer fires an employee two days after she reports unsafe working conditions. That may trigger retaliation protections—even under at-will employment.
Exceptions to At-Will Employment
Several important legal exceptions restrict at-will terminations:
Contracts & Agreements
- Written contracts may require a valid reason for termination.
- Collective bargaining agreements offer unionized workers formal grievance processes.
- Implied contracts may arise from verbal promises or inconsistent handbook policies.
In Pennsylvania, courts typically require clear and specific language to enforce implied contracts. Handbooks should include disclaimers stating that policies do not change at-will status.
Discrimination Protections
Federal and Pennsylvania laws prohibit firing based on:
- Race
- Gender
- Age (40+)
- Religion
- Disability
- National origin
The EEOC enforces federal law (covering employers with 15+ employees). The PHRC applies Pennsylvania’s law to employers with as few as 4 workers.
Public Policy Protections
Employees can’t be fired for:
- Reporting workplace safety violations
- Filing a workers’ comp claim
- Refusing illegal activities
- Serving on a jury
Public sector employees in Pennsylvania also receive whistleblower protection when reporting wrongdoing.
Retaliation Protections
If an employee reports unlawful activity (e.g., discrimination or harassment), you cannot retaliate. Firing or disciplining a worker for asserting legal rights often opens the door to wrongful termination claims.
Pros and Cons of At-Will Employment
For Employers:
✔️ Pros
- Respond quickly to staffing needs
- Avoid complex termination procedures
- Minimize severance costs (unless contractually required)
❌ Cons
- Higher risk of lawsuits
- Potential morale issues
- Negative public perception if firings seem arbitrary
For Employees:
✔️ Pros
- Freedom to resign at any time
- More leverage when negotiating job terms
❌ Cons
- Job insecurity
- Sudden job loss
- Fewer legal remedies for terminations without cause
Hypothetical Real-World Example in Pennsylvania
A Doylestown-based landscaping company fired a foreman after he reported faulty equipment that posed safety risks. The employer cited “performance issues,” but never documented them. The employee filed a retaliation claim. That case moved forward—despite at-will rules—because it likely violated public policy.
Frequently Asked Questions About At-Will Employment
1. Can my boss fire me without a reason in Pennsylvania?
Yes, but only if the termination doesn’t violate a law or contract.
2. What’s an illegal reason for firing someone?
Discrimination (race, gender, age, disability, etc.), retaliation, or firing someone for refusing illegal acts.
3. Can an employee handbook create a contract?
Sometimes. Courts may find an implied contract if the handbook suggests job security and lacks clear disclaimers.
4. What if I believe my termination was illegal?
Gather evidence, review contracts and policies, and consult an employment lawyer immediately.
5. Do union workers have different rules?
Yes. Collective bargaining agreements often require “just cause” for terminations.
Need Guidance on At-Will Employment in PA?
Whether you’re an employer developing policies or an employee facing job loss, High Swartz LLP can help. Our employment attorneys advise clients in Norristown, Doylestown, Wayne, Feasterville, and throughout Southeastern Pennsylvania.
We work with:
- Small businesses navigating workforce changes
- Employees seeking clarity on their rights
- HR teams managing terminations or internal complaints
Call us today to schedule a consultation. We’ll help you understand your legal position—and your next best step.
The information above is general: we recommend you consult an attorney regarding your circumstances. The content of this information should not be considered legal advice or a substitute for legal representation.