Wrongful Termination in Pennsylvania (2026): Laws and Deadlines

Pennsylvania is an at-will employment state, and its Supreme Court calls the at-will presumption "an extremely strong one," so a firing is wrongful only when it breaks a specific statute, an employment contract, or a clear mandate of public policy (McLaughlin v. Gastrointestinal Specialists, Inc., 561 Pa. 307 (2000)). The main state law is the Pennsylvania Human Relations Act (PHRA), which makes it unlawful for an employer with four or more employees to discharge someone because of a protected characteristic (PHRA section 5(a), 43 P.S. 955(a)).

Pennsylvania's deadlines are short. A PHRA complaint is due at the Pennsylvania Human Relations Commission within 180 days, discrimination claims must go through the Commission before court, and the public-policy exception is narrow. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Pennsylvania law on wrongful termination: the Pennsylvania Human Relations Act (43 P.S. 951-963), the Whistleblower Law (43 P.S. 1421-1428), the common-law wrongful discharge tort, and retaliation provisions in the Judicial Code, the Military Code, the Minimum Wage Act and the Medical Marijuana Act, with short notes on the federal laws that apply in Pennsylvania. The full federal rules are on our wrongful termination laws by state guide. It does not cover severance pay or what a release can waive; see Pennsylvania severance pay laws. It does not cover local ordinances, or civil-service and union protections for public employees.

Is Pennsylvania an at-will state?

Yes. In McLaughlin (2000), the Pennsylvania Supreme Court said "the presumption of all non-contractual employment relations is that it is at-will and that this presumption is an extremely strong one," and that a claim lies "only in the most limited of circumstances where the termination implicates a clear mandate of public policy." For how the doctrine works day to day, see Pennsylvania at-will employment laws.

So the useful question after a firing in Pennsylvania is not whether it was fair, but whether it broke one of the laws below.

Grounds for a wrongful termination claim in Pennsylvania

Discrimination under the Pennsylvania Human Relations Act

Section 5(a) of the PHRA makes it an unlawful discriminatory practice for any employer, "because of the race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability," to "bar or to discharge from employment such individual," or otherwise to discriminate against the individual. The Act also protects people who use a guide or support animal because of blindness, deafness or physical handicap, protects age from 40 up (section 4(h)), and bars treating holders of a GED differently from high-school graduates (section 5(k)).

Since Act 54 of 2025, the PHRA's definition of "race" includes hair texture and protective hairstyles, and "religious creed" includes head coverings and hairstyles historically associated with religious creeds, with carve-outs for valid health and safety rules and for policies the employer proves are a bona fide occupational qualification (section 4(bb), (cc), (dd)). The Governor approved Act 54 on November 25, 2025, and it took effect 60 days after approval.

The PHRC's employment page says the protection for sex covers gender identity and sexual orientation, and also lists relationship to a person with a disability. That is the Commission's stated position.

Who is covered. "Employer" includes the Commonwealth, its political subdivisions and school districts, and "any person employing four or more persons within the Commonwealth" (section 4(b)). Federal law covers fewer employers: Title VII applies to employers with 15 or more employees (42 U.S.C. 2000e(b)) and the federal age law to employers with 20 or more (29 U.S.C. 630(b)).

Employers with fewer than four employees. In Weaver v. Harpster, 601 Pa. 488, 975 A.2d 555 (2009), the Pennsylvania Supreme Court held that because the PHRA excludes these small employers, a common-law public-policy wrongful discharge claim for sex discrimination does not lie against them.

Retaliation for opposing discrimination

Section 5(d) makes it unlawful to "discriminate in any manner against any individual because such individual has opposed any practice forbidden by this act, or because such individual has made a charge, testified or assisted, in any manner, in any investigation, proceeding or hearing under this act." A retaliation claim follows the same PHRC process and 180-day deadline as a discrimination claim.

Discrimination claims must go through the PHRC

You cannot skip the Commission and sue for discriminatory firing as a common-law tort. In Clay v. Advanced Computer Applications, Inc., 522 Pa. 86 (1989), the Pennsylvania Supreme Court held that the PHRA "provides a statutory remedy that precludes assertion of a common law tort action for wrongful discharge based upon discrimination," and that employees who bypassed the PHRC were "foreclosed from pursuing judicial recourse." Section 12(b) adds that a complainant who sues without first using the PHRA procedure may not use it later.

The public-policy exception

Pennsylvania recognizes a wrongful discharge claim for a firing that violates public policy, but only narrowly.

• In Geary v. United States Steel Corp., 456 Pa. 171 (1974), the court refused the claim of an engineer fired for objecting to how a product was marketed, while saying a discharge intruding into an area where the employer "has no legitimate interest" could plausibly support a claim, "particularly where some recognized facet of public policy is threatened."
• In Shick v. Shirey, 552 Pa. 590 (1998), the court held that "an at-will employee who alleges retaliatory discharge for the filing of a workers' compensation claim has stated a cause of action."
• In McLaughlin (2000), the court rejected a claim based on federal workplace-safety retaliation provisions where the employee had complained only internally.
• In Weaver (2009), the court said the exception requires "a clear mandate of public policy emanating from either the Pennsylvania Constitution or statutory pronouncements."

The Superior Court has summarized the exception this way: an employer cannot require an employee to commit a crime, prevent an employee from complying with a statutory duty, or discharge an employee when a statute specifically prohibits it (Donahue v. Federal Express Corp., 753 A.2d 238 (Pa. Super. 2000)). Donahue also noted that Pennsylvania courts have repeatedly rejected claims by private-sector employees fired for whistleblowing when they had no legal duty to report.

A wrongful discharge tort claim has a 2-year limitations period under 42 Pa.C.S. 5524(7); the Superior Court applied that period to a wrongful-termination claim in Washabaugh v. Gaudenzia, Inc., 2024 PA Super 100.

Retaliation for a workers' compensation claim

The source of protection here is case law. Shick v. Shirey (1998) recognized a wrongful discharge claim for an at-will employee fired for filing a workers' compensation claim. It is a tort, so the 2-year period in 42 Pa.C.S. 5524(7) applies. For the benefits side, see Pennsylvania workers' compensation laws.

Whistleblowing: the Pennsylvania Whistleblower Law

The Whistleblower Law, Act 169 of 1986 (43 P.S. 1421-1428), applies to public employment. "Employer" means a public body, or an individual, partnership, association or corporation (for-profit or not-for-profit) "which receives money from a public body to perform work or provide services relative to the performance of work for or the provision of services to a public body" (section 2). "Public body" includes state and local government and any body created by, or funded in any amount by or through, Commonwealth or political subdivision authority.

Section 3(a) bars such an employer from discharging, threatening or otherwise retaliating against an employee who "makes a good faith report or is about to report ... an instance of wrongdoing or waste by a public body or an instance of waste by any other employer." A civil action is due "within 180 days after the occurrence of the alleged violation" (section 4(a)). A court may order reinstatement, back wages, restored fringe benefits and seniority, actual damages, or any combination, plus litigation costs including reasonable attorney and witness fees (section 5). The violator faces a civil fine of up to $10,000 (section 6).

Health-care workers should note Allegheny Health Network v. Brader, 2025 PA Super 269 (Dec. 2, 2025), in which the Superior Court concluded that retaliation claims under the MCARE Act carry the Whistleblower Law's 180-day limitations period. The court also held that the MCARE Act's statutory remedy precludes a common-law wrongful discharge claim based on the MCARE Act, so the 2-year tort period is not a fallback for that claim. For more, see Pennsylvania whistleblower laws.

Other Pennsylvania laws that bar retaliatory firing

• Jury service: "An employer shall not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror or attends court for prospective jury service" (42 Pa.C.S. 4563). A violation is a summary offense, and the employee may sue for lost wages and benefits and reinstatement; damages "shall not exceed wages and benefits actually lost," and a prevailing employee recovers a reasonable attorney's fee. Retail and service employers with fewer than 15 persons and manufacturing employers with fewer than 40 are excepted (4563(d)). The lawsuit must be filed within six months (42 Pa.C.S. 5522(b)(4)).
• National Guard and reserve service: a private or public employer may not refuse to hire or discharge someone because of membership in the National Guard or another reserve component, or because the person is called to active state duty or other military duty authorized by law (51 Pa.C.S. 7309(a)). Subsection (b) requires restoration to the same position or one of like seniority, status and pay.
• Minimum wage testimony: an employer that discharges or discriminates against an employee because the employee testified or is about to testify in an investigation or proceeding under the Minimum Wage Act commits a summary offense, with a fine of $500 to $1,000 (43 P.S. 333.112(a)). The section states no civil remedy for the employee.
• Medical marijuana certification: "No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee ... solely on the basis of such employee's status as an individual who is certified to use medical marijuana" (35 P.S. 10231.2103(b)(1)). Employers need not allow use on the premises, may discipline an employee for being under the influence at work, and need not violate federal law (2103(b)(2), (3)). The Superior Court has held that a wrongful-termination claim under this section must be filed within 2 years (Washabaugh v. Gaudenzia, Inc., 2024 PA Super 100).

Employee handbooks and implied contracts

A handbook rarely changes at-will status in Pennsylvania. In Donahue (2000), the Superior Court held that a "Guaranteed Fair Treatment Procedure" stating it did "not create contractual rights regarding termination or otherwise" imposed no contractual duties. The court added that an employee "can defeat the at-will presumption by establishing that he gave his employer additional consideration other than the services for which he was hired," and found the employee had alleged none.

A contract claim follows contract deadlines: 4 years for an express contract not in writing and for a contract founded on a writing (42 Pa.C.S. 5525(a)(3), (a)(8)).

No separate claim for "bad faith" firing

In Donahue, the Superior Court held that an employee "cannot as a matter of law maintain an action for breach of the implied duty of good faith and fair dealing, insofar as the underlying claim is for termination of an at-will employment relationship." The court noted the duty can apply to contract terms that exist beyond the at-will relationship, such as profit sharing.

Constructive discharge in Pennsylvania

Quitting can count as a firing. The Superior Court has said: "Constructive discharge of an at-will employee may serve as a basis for tort recovery if the employer has made working conditions so intolerable that an employee has been forced to resign" (Carlson v. Community Ambulance Services, Inc., 824 A.2d 1228 (Pa. Super. 2003), quoting Highhouse v. Avery Transportation, 660 A.2d 1374 (Pa. Super. 1996)). In Carlson, summary judgment for the employer was affirmed partly because the employee never pleaded constructive discharge.

Wrongful termination deadlines in Pennsylvania

The PHRC must dismiss a complaint it determines was filed late unless there are grounds for equitable tolling (PHRA section 9(a), (j)). The 300-day EEOC window does not extend the PHRA's 180-day deadline, so a charge filed with the EEOC after day 180 can preserve federal claims while losing the state claim, which matters most against an employer with 4 to 14 employees. Each discrete act, such as a demotion and then a firing, usually has its own EEOC deadline (EEOC, Time Limits for Filing a Charge).

A few federal clocks run alongside: a federal workplace-safety retaliation complaint goes to OSHA within 30 days (29 U.S.C. 660(c)(2)), a labor-law charge to the NLRB within six months (29 U.S.C. 160(b)), and a federal family-leave lawsuit within 2 years, or 3 if willful (29 U.S.C. 2617(c)).

How to file a discrimination complaint in Pennsylvania

1. File with the PHRC within 180 days. The Commission explains how on its file a complaint page. It says it will also file an employment complaint with the U.S. Equal Employment Opportunity Commission if the allegations are protected under federal law.
2. Wait for the Commission, or for one year. If, within one year after filing, the Commission dismisses the complaint or has not entered a conciliation agreement to which you are a party, it must notify you, and you may then sue in a court of common pleas (PHRA section 12(c)(1)).
3. Sue within 2 years of the closing notice. A court action "shall be filed within two years after the date of notice from the Commission closing the complaint," and the complaint must be served on the Commission when filed (section 12(c)(2)).
4. Keep the federal deadlines in view. The federal 90-day period after an EEOC Notice of Right to Sue can run at the same time as the PHRA periods.

To file a federal charge directly, the EEOC asks people to start through the EEOC Public Portal and to call 1-800-669-4000 if a deadline is near. For readers whose employer has fewer than 15 employees (fewer than 20 for an age claim), the EEOC's Philadelphia and Pittsburgh offices say the charge must be filed with the appropriate state agency within the state's time limit, which they list as 180 days in Pennsylvania (EEOC Philadelphia District Office, Timeliness; EEOC Pittsburgh Area Office, Timeliness).

What a court or the PHRC can award

In a PHRA court action, the court may order "affirmative action which may include, but is not limited to, reinstatement or hiring of employes, granting of back pay, or any other legal or equitable relief as the court deems appropriate." Back pay "shall not accrue from a date more than three years prior to the filing of a complaint" (section 12(c)(3)).

• Attorney fees: the court may award attorney fees and costs to a prevailing plaintiff (section 12(c.2)); a prevailing defendant gets fees only if the complaint was brought in bad faith (section 12(c.3)).
• Punitive damages: not available. In Hoy v. Angelone, 554 Pa. 134 (1998), the Pennsylvania Supreme Court held that "the phrase 'any other legal or equitable relief' does not include punitive damages," which it found inconsistent with the remedial nature of the Act.
• Before the Commission: in employment cases the PHRC may order a stop to the practice and affirmative action including compensation for loss of work, reinstatement with or without back pay, reasonable accommodations, and certifiable travel and out-of-pocket expenses (section 9(f)(1)).

Federal Title VII allows compensatory and punitive damages subject to combined caps of $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); see the wrongful termination guide for the tiers.

Your personnel file after a firing

Pennsylvania's Inspection of Employment Records Law (43 P.S. 1321-1324) applies to all employers, including the Commonwealth, but its definition of "employee" is narrow: "Any person currently employed, laid off with reemployment rights or on leave of absence," and it "shall not include applicants for employment or any other person" (section 1). As written, it does not give a right to someone already fired.

For those it covers, the employer must allow inspection at reasonable times of personnel files used to determine qualifications, promotion, compensation, termination or discipline (section 2). The law grants inspection only: the employee may take notes, and the employer is not required to let the employee remove or copy the file (section 3).

We did not confirm whether any Pennsylvania statute requires a private employer to give a fired worker a written reason, so if you want the stated reason on record, ask for it in writing.

Practical steps after a firing in Pennsylvania

Write down the date you were fired, who told you, the reason given and any complaints you made before it, and keep copies of texts, emails, reviews and the termination notice. If you are still employed or on leave and expect a firing, the personnel-file law lets you inspect and take notes now. The 180-day PHRC clock runs from the act of discrimination, so do not wait for an internal appeal to finish.

If the employer offers money in exchange for a release, read it before signing, because a release can give up the claims on this page. Our Pennsylvania severance pay laws page covers what those agreements can require.

Pennsylvania law changes and pending bills

• Act 54 of 2025 (HB 439), the CROWN Act: approved by the Governor November 25, 2025, and effective 60 days after approval. It adds hair texture and protective hairstyles to the PHRA's definition of race, and head coverings and hairstyles historically associated with religious creeds to its definition of religious creed.
• Allegheny Health Network v. Brader, 2025 PA Super 269 (Dec. 2, 2025): the Superior Court applied the Whistleblower Law's 180-day limitations period to MCARE Act retaliation claims.
• HB 300 (2025-2026), The Fairness Act: a pending bill to amend the PHRA. It was referred to the House Judiciary Committee on June 2, 2025, reported as committed on March 19, 2026, and re-committed to the House Appropriations Committee on March 24, 2026. It is not law.

We did not check other 2025-2026 bills that would amend the PHRA or termination rules.

Related

• Wrongful termination laws by state
• Pennsylvania at-will employment laws
• Pennsylvania whistleblower laws
• Pennsylvania severance pay laws
• Pennsylvania workers' compensation laws

Disclaimer: This article provides general legal information about Pennsylvania wrongful termination law (the Pennsylvania Human Relations Act, the Whistleblower Law, the wrongful discharge tort and related Pennsylvania statutes) and the federal laws that apply in Pennsylvania. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Pennsylvania Human Relations Commission, a legal aid office or a lawyer licensed in Pennsylvania.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Pennsylvania?

Only if the firing broke a statute, a contract or a clear mandate of public policy, because Pennsylvania's at-will presumption is "an extremely strong one" (McLaughlin v. Gastrointestinal Specialists, 2000). The main statute is the Pennsylvania Human Relations Act (43 P.S. 955), and discrimination claims must start at the PHRC.

How long do I have to file a discrimination complaint in Pennsylvania?

A complaint with the Pennsylvania Human Relations Commission is due within 180 days after the alleged act of discrimination (PHRA section 9(h)). A federal charge with the EEOC is due within 300 days for employers with 15 or more employees (20 or more for age), according to the EEOC's Philadelphia and Pittsburgh offices.

Is the PHRC deadline 180 days or 300 days?

The PHRA deadline is 180 days (section 9(h)). The 300-day figure is the federal EEOC deadline, and the PHRC says it will also file an employment complaint with the EEOC when the allegations are protected under federal law.

Does the PHRA apply to small employers?

It applies to employers with four or more employees in Pennsylvania, plus the Commonwealth, its political subdivisions and school districts (PHRA section 4(b)). In Weaver v. Harpster (2009), the Pennsylvania Supreme Court held that a fired employee cannot bring a common-law sex discrimination discharge claim against an employer too small for the PHRA.

When can I sue in court after filing with the PHRC?

If, one year after filing, the PHRC has dismissed the complaint or has not entered a conciliation agreement you are a party to, it must notify you, and you may sue in a court of common pleas (PHRA section 12(c)(1)). The suit is due within 2 years after the Commission's notice closing the complaint (section 12(c)(2)).

Can I get punitive damages for discrimination under Pennsylvania law?

No. In Hoy v. Angelone (1998), the Pennsylvania Supreme Court held that punitive damages are not consistent with the remedial nature of the PHRA. Back pay in a PHRA court action cannot reach more than 3 years before the complaint was filed (section 12(c)(3)).

Does Pennsylvania protect private-sector whistleblowers?

The Whistleblower Law covers public bodies and organizations that receive public money to perform work for a public body (Whistleblower Law section 2), and the Superior Court has noted that Pennsylvania courts have repeatedly rejected claims by private employees fired for whistleblowing without a legal duty to report (Donahue v. Federal Express, 2000).

Can I be fired in Pennsylvania for filing a workers' compensation claim?

No. In Shick v. Shirey (1998), the Pennsylvania Supreme Court held that an at-will employee fired in retaliation for filing a workers' compensation claim has a cause of action, and a wrongful discharge tort carries a 2-year limitations period (42 Pa.C.S. 5524(7)).

Can I be fired in Pennsylvania for jury duty?

No. 42 Pa.C.S. 4563 bars an employer from depriving an employee of employment, seniority or benefits because of jury service, and the employee may sue for lost wages and benefits, reinstatement and a reasonable attorney's fee. Retail and service employers with fewer than 15 persons and manufacturing employers with fewer than 40 are excepted. The lawsuit must be filed within six months (42 Pa.C.S. 5522(b)(4)).