Pennsylvania

Dorleans v. New Jersey State Police in Pennsylvania Law

How Dorleans v. New Jersey State Police applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Employment Law.

State Approach

In Pennsylvania, employment law largely follows the at-will doctrine, but recent rulings are shifting towards recognizing employee rights against retaliatory actions in the workplace. The principles from Dorleans, which discusses the role of public policy in employment decisions, resonate with Pennsylvania’s inclination to protect employees from unfair treatment.

State Rule
Pennsylvania recognizes that an employee cannot be terminated for asserting rights under public policy, similarly to the precedents established in Dorleans.
Significant State Cases

Shick v. T.A. Systems, Inc.

The Pennsylvania Supreme Court ruled that employees cannot be discharged for exercising rights granted by law or for refusing to participate in illegal conduct.

McNulty v. E.O. Johnson Co.

The court found that retaliatory discharge for reporting safety violations constituted a violation of public policy.

Mack v. Allied Signal, Inc.

The court established that it's against public policy to terminate an employee for acting in the public interest, aligning with the principles in Dorleans.

Comparison to Federal Law

While federal law also protects employees from retaliation under various statutes like Title VII, Pennsylvania places a stronger emphasis on public policy exceptions within the at-will employment doctrine. The integration of state-specific public policy protections into employment law adds a layer of employee rights that may not be fully covered at the federal level.

Bar Exam Note

Understanding the nuances of Pennsylvania's employment law, particularly concerning public policy exceptions and retaliatory discharge, is essential for the Pennsylvania bar exam.

Practice Pointers
  • Be aware of the exceptions to the at-will employment doctrine in Pennsylvania, particularly regarding public policy.
  • Familiarize yourself with state-specific statutes and case law that affect employee rights and employer obligations.
  • When advising clients, consider both federal and state protections to fully address potential employment law issues.

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