Pennsylvania — Termination

Pennsylvania presumes employment to be at-will when no time is set for performing a job and no employment contract or statutory right specifies otherwise. Either the employer or the employee may end the relationship at any time. Exceptions include: employers cannot dismiss employees for discriminatory reasons (sex, race, religion, nationality, age, disability); and employers meeting certain size criteria must provide 60 days' advance notice for plant closings and mass layoffs under federal law.

Source: PA Dept. of Community & Economic Development — Labor & Workforce

Pennsylvania's Wage Payment and Collection Law (WPCL) requires employers to pay all earned wages to a separating employee by the next regularly scheduled payday, regardless of whether the separation is a termination or a voluntary quit. This rule applies uniformly to all separations and creates no distinction based on the reason for or manner of departure.

Timing deadline

Under 43 P.S. § 260.5, when employment ends for any reason — discharge, layoff, or resignation — the employer must pay all wages earned through the final day of work on or before the next regularly scheduled pay date that would apply under the employer's ordinary payroll calendar. Pennsylvania law does not require immediate payment or accelerated payment upon termination; the employer may wait until the next scheduled payday. The gap between the end of a pay period and the corresponding payday may not exceed the time specified in a written employment contract, the standard time customary in the trade or industry, or fifteen (15) days — whichever applies.

What the final paycheck must include

The final paycheck must include all wages earned through the last day worked. "Wages" under the WPCL, 43 P.S. § 260.2a, expressly includes regular hourly or salaried pay, accrued overtime, earned commissions, and earned bonuses. Pennsylvania does not require employers to pay out accrued but unused vacation or sick time unless the employer has a written policy, contract, or established practice promising such payment. The Pennsylvania Supreme Court has held that the WPCL provides a remedy only when the employer breaches a contractual obligation to pay wages — it does not create a freestanding entitlement to compensation. Accordingly, if a company handbook or employment agreement specifies that unused vacation will be paid at separation, that obligation becomes "wages" enforceable under the WPCL; absent such a promise, no payout is required.

Liquidated damages for late payment

If final wages remain unpaid for thirty (30) days after the scheduled payday, the employee may recover liquidated damages equal to twenty-five percent (25%) of the unpaid amount or five hundred dollars ($500), whichever is greater, under 43 P.S. § 260.9a. A good-faith dispute over the amount owed or a bona fide assertion of a right of setoff is a defense to the liquidated-damage penalty (though not to the underlying wage obligation), but the employer bears the burden of demonstrating the good-faith basis for withholding payment. Pennsylvania courts have rejected attempts by employers to withhold final wages pending return of company property or to offset alleged debts without written authorization; such deductions generally violate the statute unless they fall within one of the narrow categories enumerated in 34 Pa. Code § 9.1 (authorized deductions for the convenience of the employee) or are required by law.

Statute of limitations

Wage claims under the WPCL carry a three-year statute of limitations, measured from the date wages were due. For final-paycheck claims, the limitations period begins on the next regular payday following separation.

Source: 43 P.S. §§ 260.1–260.12 (Wage Payment and Collection Law)

Source: 34 Pa. Code Chapter 9, Subchapter A (Wage Payment and Collection Law regulations)