Most states in the U.S., including Pennsylvania, follow the doctrine of employment at-will. In plain English, this means:
- An employer can terminate an employee at any time, for any reason or no reason at all.
- An employee can quit at any time, for any reason or no reason.
On paper, that might sound fair. In reality, it’s a rule that almost always benefits employers far more than employees until an employer steps into an exception that will get them in legal trouble. These exceptions generally fall under the Equal Employment Opportunity Act and generally apply to Employers with 15 or more employees.
The Big Exceptions That Swallow the Rule
Even in a pure at-will state, you cannot fire someone for an illegal reason. The most common claims that override at-will protection are:
- Discrimination based on protected characteristics
- Age (40 and older), race, national origin, gender identity, sexual orientation (in many states), religion, disability, and other protected traits
- Retaliation If an employee complains about discrimination, harassment, wage violations, safety issues, or takes protected leave (FMLA, jury duty, military service, etc.), firing them shortly afterward raises red flags and creates a strong appearance of retaliation.
- Breaching your own policies If your employee handbook or past practice creates an expectation of progressive discipline (“three warnings before termination”), firing someone who is a member of a protected class after one infraction while following policy for those who are not in a protected class can create liability and inferences of discrimination—even in an at-will state.
Practical Ways Employers Protect Themselves
The best defense is consistent and thorough documentation:
- Document performance problems early with PIPs, written warnings, and coaching notes
- Use consistent discipline across all employees (same infractions = same consequences regardless of age, gender, race, etc.)
- Maintain a clear, lawyer-reviewed employee handbook that preserves at-will status while allowing immediate termination for serious misconduct
- Train managers on discrimination and retaliation risks
- Conduct termination decisions with HR involvement once your company reaches 30–50 employees
The Bottom Line
Employment at-will gives employers tremendous flexibility but it is not a blank check. One misstep involving a protected class, retaliation, or inconsistent enforcement of your own rules can cost tens or even hundreds of thousands of dollars in defense costs and settlements, even if you ultimately win.
Smart employers treat every termination as if they’ll have to justify it to a jury someday. A little documentation and consistency go a long way toward keeping perfectly legal firings from becoming expensive nightmares.
Watch the Full Deep Dive
Our employment law attorney, Aubrie Linder, recently recorded a podcast episode with the Partner, Anton Kaminsky, breaking down real termination scenarios, handbook mistakes, and exactly how judges and juries look at at-will cases.
Want to hear the full discussion with real-world examples and more information about employment law? 🎙️ Watch the full episode covering employment law here: Employment Law Explained: Employee vs Contractor, Overtime, Severance & More!
Need Help with a Termination, Handbook Review, or Defense Strategy?
We help employers across Pennsylvania in Bucks, Delaware, Montgomery and Philadelphia County stay compliant.
Contact us for:
- Employee handbook drafting or updates
- Termination review before you act
- Defense against EEOC charges or wrongful termination claims
At Kaminsky Law, our attorneys are ready to provide expert legal guidance to both employers and employees when it comes to Pennsylvania’s At-Will policies. Our team of legal professionals is ready to help make sure that you are protecting both yourself and your business during the termination process.
If you are unsure about the way a termination went, need a handbook review, or potentially a defense strategy against someone claiming wrongful termination, scheduling a confidential consultation by filling out a submission form, calling us at 215-876-0800 or send us an email at contact@kaminskylaw.com.
