Employment FAQs

Yes, Pennsylvania is an at-will employment state, meaning an employer can terminate an employee at any time and for any reason, except for unlawful reasons such as discrimination or retaliation. However, termination rules may differ if you have an employment contract or are a union member.

If you believe you are facing discrimination based on race, gender, age, disability, religion, sexual orientation, or other protected characteristics, you should:

• Document the incidents, including dates, locations, and witnesses.
• Report the discrimination to HR or a supervisor.
• File a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC).
• Consult an employment attorney to discuss potential legal action.

An at-will employee can be terminated by their employer at any time, without prior notice, for any reason (except illegal reasons such as discrimination or retaliation). Similarly, an at-will employee can leave their job without cause or notice.

Pennsylvania law does not require employers to pay severance unless a contract, collective bargaining agreement, or company policy states otherwise. However, some employers offer severance as part of a layoff package.

The key differences involve control, benefits, and tax obligations:

• Employees work under employer supervision, receive benefits, and have taxes withheld from their paychecks.
• Independent contractors control their work schedules, do not receive benefits, and are responsible for paying their taxes.

Misclassification can have legal consequences for employers, so workers should ensure they are correctly classified.

Unpaid internships are legal only if they meet specific criteria set by the U.S. Department of Labor, including:

• The internship primarily benefits the intern, not the employer.
• The intern is not replacing a paid employee.
• The work experience is educational.

If an intern performs regular work duties that benefit the company, they may be entitled to minimum wage and overtime pay.

Yes, private employers in Pennsylvania can require pre-employment and workplace drug testing, as long as it is not applied discriminatorily or used for retaliation. Specific industries, such as transportation, have mandatory drug testing policies.

Employers can conduct background checks but must comply with the Fair Credit Reporting Act (FCRA). If an employer uses background information to deny employment, they must provide a copy of the report and notify you of your rights.

Yes, Pennsylvania law allows employers to require overtime unless you are exempt. However, non-exempt employees must be paid 1.5 times their regular hourly rate for hours worked beyond 40 per week.

Yes. Employers cannot ask questions that violate anti-discrimination laws or relate to protected characteristics under the Civil Rights Act, Americans with Disabilities Act (ADA), and Pennsylvania Human Relations Act (PHRA).

Prohibited questions include:

• Age – “How old are you?”
• Marital or family status – “Are you married?” “Do you have kids?
• Religious beliefs – “What religion do you practice?”
• National origin – “Where were you born?”
• Disability status – “Do you have any medical conditions?”
• Pregnancy status – “Are you planning to have children?”

Employers can ask about your ability to perform job duties but cannot ask discriminatory personal questions.

Yes, but with limitations. In Pennsylvania, employers can monitor:

• Work computers, emails, and internet usage.
• Phone calls made from work phones (except personal calls).
• Company-owned devices (laptops, mobile phones).
• Security cameras in common areas (not in restrooms or break rooms).

However, Pennsylvania is a two-party consent state, meaning employers cannot secretly record phone conversations without consent.

Employers can provide factual, job-related information but must avoid defamation or false statements.

They can legally disclose:

• Employment dates
• Job title and responsibilities
• Salary (if authorized by the employee)
• Reason for termination (if truthful and non-malicious)

However, false or misleading negative statements could lead to a defamation lawsuit.

In Pennsylvania, you are entitled to overtime pay (1.5x your regular rate) if:

• You work over 40 hours per week.
• You are a non-exempt employee under the Fair Labor Standards Act (FLSA).

You are not entitled to overtime if you are:

• An exempt employee (executive, administrative, professional roles earning at least $684/week).
• An independent contractor (not classified as an employee).

If you are denied overtime but qualify, you may file a wage claim with the Pennsylvania Department of Labor.

To qualify for unemployment benefits, you must:

• Have earned enough wages in the base period (typically the past 12-18 months).
• Be unemployed without fault (e.g., layoffs, company closure).
• Be actively seeking work.
• Be able and available to work.

You may not qualify if you:

• Quit voluntarily without good cause.
• Were fired for misconduct (e.g., theft, workplace violence).

Claims are filed with the Pennsylvania Unemployment Compensation Office.

Employers or third parties verifying employment can legally ask:

• Job title and dates of employment
• Salary information (if permitted by the employee)
• Job Responsibilities
• Eligibility for rehire

They cannot ask about medical history, disabilities, or protected characteristics.

To legally work in Pennsylvania, employees must provide:

• Proof of identity and work authorization (U.S. passport, driver's license, or Social Security card).
• Completed I-9 Form (for employment eligibility verification).
• W-4 Form (for tax withholding).
• Direct deposit details (if required by the employer).
• Background check or drug test results (if required for the position).

Some industries require specific licenses or certifications before starting work.