There Are Still Situations Where It’s Unlawful to Fire You
In both Pennsylvania and New Jersey, all employees without a written contract specifying their length of employment are considered to be at will. This means that your employer can usually fire you for any reason or no stated reason at all, including without prior notice. You also have the freedom to leave at will, for any reason and without prior notice.
However, there are exceptions to this. State and federal laws must be followed when your employer makes a decision to fire you.
You’re Not At Will if You Have a Contract
If you have a contract that lays out the terms and duration of your employment, you can’t be considered “at will.” Your employer generally has to follow the guidelines laid out in the contract in order to fire you.
In both Pennsylvania and New Jersey, oral and implied contracts have also been upheld in court.
For instance, if your employment manual lays out conditions of employment, this may be seen as an implied contract that overrides at-will status—especially if there is no explicit statement that you are an at-will employee.
Exceptions to At-Will Employment
There are some reasons for firing that are unlawful because they go against laws at the state and federal level that protect employees’ rights. Some examples for unlawful reasons for firing an at-will employee include:
• Discrimination based on age, sex, race, disability, national origin, or religion.
• Retaliation for reporting illegal...
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