The Good, the Bad and the No Reasons for Terminating the At Will Employee
Imagine the following situation from an employer’s perspective and I would bet that the first reaction of many employers
would be "I am about to get sued." Employee Jones has been working for you for several months as a retail store clerk, and
you pay him an hourly wage. Jones is only nineteen years old, and while he has been a marginally good employee of yours, he
just doesn’t seem to "get" your requirement to dress in a socially traditional and appropriate style which is in keeping
with a retail store operation. His dress can best be described as "different" and certainly not the way you dressed as a
teenager. However, because he has for the most part been a hard worker, always reporting to work on time and never absent
since you hired him, you have accepted his dress. In fact, much to your chagrin, you also have accepted the gold stud
earring he wears in his left ear.
Unfortunately, this past Monday Jones stepped over the line when he reported to work with blue colored hair. Yes -
blue! His brown hair, which had always been cut rather short and was his best attribute as far as his appearance, was now
colored blue. Monday was payday, you had had enough of Jones’ style of dress and his blue hair was beyond what you could
tolerate as a businessperson, so you fire him on the spot. You handed him his paycheck and told him "get out of my store...
now." He feebly asked why and sniveled "you’re not being fair with me - you can’t do this to me!" As he left the store, you
said over your shoulder as you turned and walked away from him "I don’t employ people with blue hair - get out now - you’re
fired!" Wondering if what you had just done is legal, and just knowing that Jones will sue you because of your blue hair
remark, you quickly retreated to your office and called your lawyer.
Your lawyer tells you that if an employer discharges an at-will employee for a good reason, bad reason, or no reason at all,
as long as no statute or public policy is implicated you as the employer have not acted in bad faith. In fact,
"Pennsylvania recognizes no action for wrongful discharge based upon breach of the duty of good faith and fair dealing in an
at will employment contract." McDaniel v. American Red Cross, 58 F.Supp.2d 628, 633-634 (W.D.Pa.1999). You
learn further that since your stated reason for firing Jones - because of his blue hair - may be described by some as a bad
reason or no reason at all, Pennsylvania law supports your actions. A person having blue hair is not a member of a
protected class of persons under the law or public policy of Pennsylvania. You understand the simple concept of a good
reason, bad reason, or no reason at all, but you ask your lawyer "What is an at-will employee?"
Under Pennsylvania law, all employment is presumed to be at-will, which means that the employee may be discharged with or
without cause, at pleasure, unless restrained by some contract, or where the employee’s discharge would threaten clear
mandates of public policy. An at-will employment relationship exists when either the employer or the employee can terminate
the employment relationship for any reason, at any time, and without any requirement of advance notice to the other party.
Just as an employee may be discharged at the will of the employer, so may the employee leave her job with the employer at
will.
The Pennsylvania Supreme Court has held that "an at-will employee has no cause of action against his employer for
termination of the at-will relationship except where that termination threatens clear mandates of public policy."
Pipken v. Pennsylvania State Police, 548 Pa. 1, 5, 693 A.2d. 190, 191 (1997). Most employees in Pennsylvania
work under an at-will relationship between employee and employer. However, some employees are subject to the provisions of
a union collective bargaining agreement affording the worker protection from the often capricious and sometimes
discriminatory termination practices that can be engaged in by some employers. Other workers in Pennsylvania are civil
service employees who enjoy specific termination requirements, or are certain other governmental sector employees that
require the existence of "just cause" in order to be terminated. Finally, some persons are subject to the provisions of an
employment contract which provides specific terms and conditions of employment. These employees are subject to contract law
as well as other employment statutes when interpreting their employment conditions.
This is not to say that all at-will workers are without legal recourse if terminated from their employment. The Pennsylvania
Human Relations Act, 43 Pa.C.SA. § 951 et seq., provides in part that it shall be unlawful discriminatory practice "for any
employer because of race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or
disability... to refuse to hire, employ or contract with, or to bar or to discharge from employment such individual or
independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to
compensation, hire, tenure, terms, conditions or privileges of employment or contract, if the individual or independent
contractor is the best able and most competent to perform the services required."
In conclusion, willful misconduct on the part of an employee would certainly be considered grounds for termination and a
"good reason" to terminate an employee. Terminating Jones for having blue hair may be considered by some to be a "bad
reason," but is not unlawful; a teenager with blue hair does not fall within a protected category or class of person, such
as those classes outlined by the Pennsylvania Human Relations Act. And finally, terminating someone by simply saying
"you’re fired... get out!" is an example of termination for no reason at all. This is not to say that an employee cannot
still bring a claim, or that an employer cannot still be liable, if the real reason for the termination is discriminatory.
The words used at the termination, alone, do not determine the legality of the firing. However, at the present time "the
good, the bad, or no reason" remains the law of Pennsylvania.
The attorneys of Wolf, Baldwin & Associates, P.C. have experience representing both employers and employees in
discrimination, sexual harassment, and other employment claims. We can also advise you about potential workers’
compensation or unemployment compensation rights. We can help victims of discrimination, and we can counsel businesses
regarding actual and potential employment claims. Our lawyers can help you learn your employment law rights and protect
those rights. Contact us today to schedule an appointment,
so that we can discuss your employment situation. We look forward to speaking with you.
The materials contained in this web site do not constitute legal advice, and contact with us through this web site does not establish an attorney-client relationship. The legal citations quoted in this web site may not be up-to-date. We provide these materials for general information purposes only. We make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information, whether contained on this web site or any other site to which we might link. No web site can substitute for the fully informed, reasoned judgment of a lawyer. You should not rely on any material contained in this web site ? instead you should contact one of our attorneys for a full consultation.
Requires Acrobat Reader
