Employee Termination Considerations for Pennsylvania Employers | HKQ Law
Learn how Pennsylvania employers can approach discipline, termination, and separation decisions and how HKQ assists employers with employment law compliance and claims.
What Should Pennsylvania Employers Consider Before Terminating an Employee?
Firing an employee is never easy. Pennsylvania is an at-will state, which means employment can usually end at any time, but employers should still review the facts and the applicable laws first, especially where the employee recently complained, took leave, or asked for an accommodation.
Employment Decisions Should Be Reviewed Carefully
Discipline and termination can create both legal and practical problems. Even though Pennsylvania is an at-will state, there are exceptions, such as firing someone for a reason that violates public policy or an employment contract. Before you act, review the reason, the employee's history, your policies, any contract, and any recent complaints or requests.
Policies and Documentation Can Matter
Consistent policies and accurate records can help an employer understand how a situation was handled. HKQ advises employers on employee handbooks, workplace policies, and best practices. Those materials can be relevant when management is evaluating discipline or termination.
Employment Laws May Affect the Decision
Our employment practice covers claims under the Pennsylvania Human Relations Act, federal laws like Title VII and the ADA, the Family and Medical Leave Act, and Pennsylvania’s wage laws, as well as matters before the EEOC and the PHRC. A termination should be weighed against the laws that apply to your specific situation, and the analysis always turns on the facts.
Separation Agreements May Be Appropriate in Some Situations
Hourigan, Kluger & Quinn helps employers with separation and release agreements. A separation agreement can document the terms of an employee's departure, and if you want the employee to release age-discrimination claims, federal law sets specific requirements. Whether one makes sense, and what it should say, depends on the situation.
Employment Contracts Can Also Affect the Analysis
Hourigan, Kluger & Quinn drafts and reviews employment agreements and non-compete agreements. If an employee has a written agreement, review it, including any notice, severance, or non-compete terms, before ending the relationship. Pennsylvania will enforce a non-compete if it is reasonable and the employee got something of value for it. Read the contract alongside your policies and the employment laws.
A Termination Can Lead to a Claim or Agency Matter
Hourigan, Kluger & Quinn represents employers in Pennsylvania state and federal court and before the Pennsylvania Human Relations Commission and the EEOC. We also handle wrongful discharge, harassment, and discrimination claims. Employers can come to us before a termination or after a claim is filed.
Managers Should Avoid Treating Every Termination the Same
The relevant facts can differ from one employee to another. A routine performance issue is not the same as a separation involving a leave request, accommodation, discrimination complaint, or employment contract. Legal review should focus on the actual circumstances of the employee and the employer.
How Hourigan, Kluger & Quinn Can Help
HKQ advises employers on terminations, separation agreements, employment contracts, policies, and employment claims. Legal review can help employers make informed decisions and address potential risks.
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