Under Pennsylvania law, an employer has the right to terminate an at will employee for or without cause. Geary v. United States Steel Corp., 319 A.2d 174, 176 (Pa. 1974). That right has two notable exceptions, which subject an employer to liability for wrongful discharge. Those exceptions are: firing an employee in violation of federal or state anti-discrimination laws, and firing an employee for reasons which violate social policy. Over the last few months, we have discussed the former at length. I would like to focus the next several blawg posts on the latter: firing an employee for reasons which violate social policy.

The Pennsylvania Supreme Court has indirectly held that it is unlawful to terminate an employee for reasons which violate social policy. Borse v. Piece Goods Shop, Inc., 963 F.2d 611, 616 (3d Cir. Pa. 1992).  This exception is narrowly applied. In fact, to date the Pennsylvania Supreme Court has never held against an employer in a case where a violation of social policy was the basis for a wrongful discharge claim. On the other hand, the Pennsylvania Superior court has held against employers accused of firing their employees in violation of social policy. Over the next several blawg posts I will outline those Superior Court cases where an employer was found liable for wrongful discharge for violating social policy.