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Termination/Resignation — Pennsylvania Templates

Termination

Although Pennsylvania remains an “at-will” state, terminations can be problematic. Employers are cautioned that progressive discipline is not required, but is frequently expected by the agencies enforcing discrimination laws including the EEOC, OFCCP and PHRC. If an employer decides to use a progressive discipline policy that requires verbal warnings, written warnings and perhaps suspension before moving to termination, the employer should also include language that allows him to depart from that progressive discipline policy if and when circumstances warrant. Such language is included in the sample Disciplinary Action Policy, which can be found in the Files section of this topic.

Most Pennsylvania employers are aware that they cannot terminate employees because of membership or activities related to legally protected classes, such as race, color, religion, creed, gender, national origin, age (40 or older), veteran/military status, disability, genetic information or any other legally protected status. Employers should also assure that any FMLA entitlement has been utilized in the event of a “serious medical condition” prior to a termination.

Employers also may not terminate or otherwise retaliate against any employee utilizing the Pennsylvania Whistleblower Act (applicable to...


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