Pennsylvania has long recognized the at-will employment doctrine, which generally provides that an employment relationship in Pennsylvania can be terminated for a good reason, a bad reason or no reason at all. Additionally, unless there exists a statutory provision to the contrary, or in unique instances where a recognized facet of public policy is implicated, “the presumption of all noncontractual employment relations is that it is at-will and that this presumption is an extremely strong one,” as the court held in McLaughlin v. GastroIntestinal Specialists, 750 A. 2d 283, 287 (Pa. 2000).

Despite this strong presumption, emerging federal jurisprudence tends to support the view that even noncontractual, at-will employees in Pennsylvania indeed may have a contractual right to employment that is protected under federal law, especially when viewed in the context of a discrimination claim brought under 42 U.S.C. §1981. This federal civil rights statute provides that all people within the jurisdiction of the United States shall have the same right in every state and territory to make and enforce contracts “as is enjoyed by white citizens.” The statute defines the term “make and enforce contracts” to include the making, performance, modification and termination of contracts, and the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship.

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