The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. The at-will presumption is strong, however, and it can be difficult for an employee to prove that his circumstances fall within one of the exceptions.
While there is no specific law on the federal level that requires employers to create an employee handbook, certain labor regulations may apply if you choose to create one.
This can be quite frustrating for employees, and unfair, as employees rely on the handbook to follow procedure and expect the employer to similarly follow the handbook rules. Unfortunately, with only extremely rare exceptions, it is not illegal for an employer to violate their own handbook policies.
Yes, Pennsylvania is an at-will employment state. This means that, unless there is a contract stating otherwise, either the employer or employee can terminate the employment relationship at any time, for any reason, or for no reason at all, with some exceptions for unlawful discrimination or retaliation.
An employee is not required to give two weeks notice prior to quitting. Employment at-will is still the rule in Pennsylvania. An employee can only file a lawsuit for wrongful termination if it was for a discriminatory reason.
How to write an employee handbook Include your company's mission statement. Write a brief section on company history. State any legal declarations. Explain your dress code. Include details about work hours. Define duties. Include department-specific policies. Describe company benefits.
Pennsylvania is an at-will employment state, which means that in the absence of a written employment or collective bargaining agreement, either the employer or the employee may terminate employment for any reason that is not contrary to law. Stumpp v. Stroudsburg Mun. Auth., 658 A. 2d 333, 335 (Pa. 1995).
Recognizing its unequal consequence to employees over employers, the common law has developed three exceptions to the at-will doctrine that protect employees: (1) public policy, (2) implied contract, and (3) implied covenant of good faith.
Pennsylvania New Hire Paperwork I-9 form for employee eligibility requirements. W-4 form for federal tax reporting. Pennsylvania New Hire Reporting form. Disability Self-Identification (required for companies doing business with the government) PA New Hire Reporting Form.