Pennsylvania is, of course, a state with a strong presumption that employment is “at-will.” At-will employees can be terminated for any reason or no reason at all. One of the few exceptions to at-will employment is where an employee can demonstrate “additional consideration” beyond the services for which he or she was hired. In Wakeley v. M.J. Brunner, 2016 Pa. Super. LEXIS 227 (Pa. Super. Ct. 2016), the Pennsylvania Superior Court affirmed the lower court’s judgment for the defendant on the plaintiff’s breach of contract claims, although the employee’s relocation and house purchase were sufficient additional consideration to overcome the at-will employment presumption.
In 2012, Katie Wakeley, a project manager for an advertising agency in Dallas, was courted by a recruiter to join M.J. Brunner Inc. as a digital account director in Pittsburgh. Wakeley indicated that she was not interested unless the position offered a higher salary than she was currently earning and offered the opportunity for advancement. After Wakeley interviewed for the position, Brunner offered her $90,000 annually, plus benefits and a $4,000 relocation allowance, according to the opinion. At the time, Wakeley earned $80,000 annually. In April 2012, notwithstanding the fact that Wakeley and her family were settled in Dallas with no intentions of leaving, Wakeley accepted Brunner’s offer of employment and gave her employer notice of her resignation. Less than a week later, Brunner rescinded its offer of employment due to an unexpected change in its business, the opinion said. Wakeley was able to keep her job in Dallas.
Fool me once, shame on you; fool me twice, shame on me
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