What Is At-Will Employment?
At-will employment, a prevalent practice in Philadelphia and most of the United States, allows employers to terminate employees at any time without cause, just as employees can leave their jobs without reason or notice. This article aims to clarify the concept of at-will employment and provide a detailed understanding of its implications for your rights and employment status.
The Fundamentals of At-Will Employment
At-will employment forms the backbone of most employment relationships in Philadelphia and across the United States. At its core, at-will employment allows the employer or the employee to terminate the employment relationship at any time, with or without cause or notice.
However, this flexibility does not grant employers carte blanche to dismiss employees on unjust grounds. Federal and state laws provide exceptions to protect employees from wrongful termination.
Key Exceptions to At-Will Employment
- Contractual Obligations: If you enter into a contractual agreement with your employer that specifies the duration of your employment or outlines specific reasons for termination, you are not considered an at-will employee.
- Public Policy Violation: Termination cannot occur if it violates Pennsylvania’s public policy. This includes firing an employee for taking jury duty, voting, or refusing to commit illegal acts at an employer’s request.
- Implied Contracts: An employer’s actions or company policies can sometimes create an implied contract. For example, if an employee handbook outlines a specific disciplinary procedure before termination, it may be deemed an implied agreement that must be followed.
- Discrimination: Employers cannot terminate employment based on discriminatory reasons. Federal and state laws protect against discrimination due to race, color, religion, sex, national origin, age, disability, or genetic information.
Understanding Your Rights
Recognizing the boundaries of at-will employment is essential for safeguarding your rights as an employee. If you suspect your termination was not in line with the legal exceptions mentioned above, you may have grounds for a wrongful termination case. Employment law can be complex, and navigating your rights within it can be daunting. It is vital to know where you stand within at-will employment and when to seek professional advice.
What Should I Do if My Workplace Rights Have Been Violated?
If your rights are violated, the first step is to understand the specific nature of the violation. Document all relevant details, including dates, times, conversations, and actions taken by your employer. Next, review your employment contract and any company policies or employee handbooks about your situation. It is also wise to familiarize yourself with state and federal employment laws to understand your rights and protections. Consider discussing your case with a trusted HR representative within your company, if possible. If internal resolution seems unlikely or the violation is severe, consult with an employment attorney who can provide legal advice tailored to your situation and help you determine the best course of action, including filing a complaint with relevant government agencies or pursuing legal action.
Our Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Understand Your Workplace Rights
At Sidkoff, Pincus & Green P.C., we understand that the landscape of at-will employment can be challenging to navigate. If you believe your employment rights have been violated, seek guidance and support. Together, we can ensure your rights are protected and upheld. Speak with the Philadelphia employment lawyers about how we can help you. Contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey, including South Jersey.