General Question

slease's avatar

In Pennsylvania can you fire someone so you can hire someone else?

Asked by slease (8points) May 9th, 2008 from iPhone


Observing members: 0 Composing members: 0

5 Answers

Michael's avatar

Most jobs are “at-will,” meaning the employer can fire the employee for just about any reason at all. Of course, non-discrimination laws prevent employers from firing someone because of their gender, age, race, religion or nationality (though you can be fired for your sexuality or your political views). But firing someone so that another person can take over is perfectly legal, if a bit distasteful.

slease's avatar

hey thank you Michael

jrpowell's avatar

There are a few exceptions to at-will employment. See this for a few examples. With things like this spending a few dollars to talk with a lawyer that is familiar with your state labor laws might be worth it.

srmorgan's avatar

To get the proper answer, you would have to supply more details.

In general, you have to be careful about any termination but if the situation is well-documented and justified, then there really is no problem with doing what you suggested.
Again, context helps. If you are firing a 58 year old woman in order to hire a 19 year old man, you might have to do some work to dot your i’s and cross your t’s, but if you are interchanging one 18 year old for another one, then it’s relatively easy.


indicatebound's avatar

If the reason you are firing someone is to hire someone else who can do the job better, then, yes. Just to elaborate on srm’s answer: The person being fired carries the burden of proof, so the fired employee needs to show a that there was discriminatory intent for the firing. If the fired employee passes that test (and how pro-employer/pro-employee the courts are varies state to state), then the burden is on the employer to show that the firing was for a legitimate reason. If she does so successfully, the case is dropped. If she does not, then the case will likely go to trial

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