After 2 years of employment, my employer started a 30 day performance plan process. So far their feedback is only negative and feels contrived. There is not accusations of mal-intent (I did nothing wrong) against me and there was not negative feedback from them till this time period. I am due a large sales commission from my sales territory, but verbally some of my managers are trying not to give me credit of which I dispute. In addition several months earlier, before letting go of my sales partner, my sales manager told me there is a "complicated process to go through for someone in his age class" (over 50). I am also over 50 years old. The company shifted sales internal closing documents to show that sale closed after that other employee. Finally, my employer is not likely to offer any parting compensation. I'm frankly not sure what I should do when they finally let me go what I should say or who I should speak with.
State/Country relating to question: Pennsylvania
Following my employers guidance and requirements within the performance improvement plan they gave me.
Welcome and thank you for your question!I am sorry to learn of your experience. Do you currently have a written contract that says you can only be terminated for just cause?
I know my employment is "At-Will", I live in Pennsylvania. Should I contact my HR dept and ask your question to verify about a written contract?
If you know that your employment is at-will, that's all that matters. What is your understanding of what it means to be an at-will employee in Pennsylvania?
In general, I think it means they can let me go anytime for anything.
That is correct. Since at least 1891, Pennsylvania courts have recognized the rule that, absent a contract, employees may be discharged at any time, for any reason, or for no reason at all. Henry v. Pittsburgh & Lake Erie Railroad Co., 139 Pa. 289, 21 A. 157 (1891). The Pennsylvania Supreme Court has noted that “were we to open the tribunals of justice and allow juries to decide every question involving an at-will employee dismissal, we would be allowing them to dictate the business policies of the giant corporation and the family-run business alike. Since we find no contract to overcome the at-will presumption, and no public policy violation..., the court cannot interfere with (the employer’s) decision to discharge appellant. Darlington v. General Elec., 504 A. 2d 306 (1986). “The essence of the employment at-will presumption is that the decision to discharge an employee is best left to the managerial prerogative and generally will not be reviewed in a judicial forum. The other side of the rule is that an employee may resign at any time, for any reason, or for no reason at all. Veno v. Meredith, 515 A. 2d 571 (1986).Given the fact that you are an at-will employee and given the fact that the employer has the right to end someone's employment, what specific information are you seeking from JustAnswer?
Do you currently have an Employment Contract which says that you are entitled to severance pay in the event of a separation? You may want to call HR and ask them if you don't know.
No contract. My HR site says involuntary Termination is ot eligible for severance. What about my other concerns?
It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Reply tab. If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Assisting employees and employers for over 14 years.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).