Pennsylvania assumes at-will employment, meaning an employer can dismiss an employee without reason at any time. This common standard was created by judges of the 19th century, spread throughout the nation by judicial mimicry, and in Pennsylvania, the legislative branch has never affirmed at-will employment.

However, in the long time since, we’ve established many unlawful reasons for firing an employee, including discrimination, retaliation for whistleblowing, and punishment for refusing to break laws. This has made life very complicated for both employees and their former employers, leaving them to argue over whether or not the employee had any reasonable expectation of job security and whether the employer was within their rights to terminate: if there are unlawful reasons to terminate, the idea that employment can be terminated without reason becomes untenable, but yet the courts insist that is the rule.

This leads to very insecure employees, perpetually afraid they will be let go for no reason at all, and an ample number of both wrongful termination lawsuits and more general questions regarding an employee’s presumed guarantee of continuing employment. It can also lead to infuriating lawsuits in which, for example, a person accepts a job offer and relocates to another state, only to be terminated prior to starting the job, wherein the courts rule there are no damages because an at-will employee can be terminated at any time. Employees need reasonable assurance of steady paychecks, and employers need to know what the law requires of them.

To this end, I will soon introduce legislation to clarify most employment relationships in Pennsylvania are assumed to be yearly contracts, renewable at both parties’ agreement. This will apply to all employment relationships that do not have an equally protective written contract of their own or are under companies employing less than fifteen people. Early termination for specifically defined good cause will remain permissible, while not renewing for reasons already protected in law will remain forbidden. Independent contractors and seasonal employees will remain at-will.

Please join me in making employment more fair, rational, and reasonable.