As an experienced Chester County Employment Attorney, I am often asked about legally terminating an employee. As an employer when you’re faced with a decision of whether or not to terminate an employee you need to determine first what type of employee you have. The status of your employee will either be at-will or contract based. Most employees, especially in Pennsylvania are at will employees. That means that there is no employment agreement between the employer and the employee.
In the absence of an employment agreement, then you are permitted to terminate your employee for any reason whatsoever as long as you don’t violate any of the federal or state discrimination laws. Your decision would not be able to be based on national origin, race, religion, sex, or pregnancy. Terminating an employee where there is an employment agreement, you have to more careful that you follow any procedures or terms that you have established in the employment agreement. This might include notice, severance payment, or those types of concerns.
Are you struggling with the idea of terminating an employee properly? Contact our experienced Chester County Employment Attorneys to guide you.
This educational blog was brought to you by Paul Fellman, an experienced Chester County Employment Attorney.
