Probationary Period Rules in Pennsylvania: Can You Be Fired?

Federal law does not require employers to offer probationary periods, nor does it regulate their length or terms. However, federal protections apply to all employees, including those on probation. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits employers with 15 or more employees from firing anyone based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities and prohibits termination based on disability. The Age Discrimination in Employment Act (29 U.S.C. § 623) protects employees age 40 and over from age-based termination at firms with 20 or more employees.

The Fair Labor Standards Act (29 U.S.C. § 201 et seq.) guarantees minimum wage and overtime pay to all employees, regardless of probationary status or tenure. Federal whistleblower statutes protect employees from retaliation for reporting violations of federal law, safety hazards, or other protected conduct. The Family and Medical Leave Act (29 U.S.C. § 2601) provides qualifying employees up to 12 weeks of unpaid, job-protected leave annually, regardless of whether they are on probation. The EEOC enforces Title VII, the ADA, and the ADEA; the Department of Labor enforces the FLSA.

Pennsylvania is a pure at-will employment state under common law, meaning either the employer or employee may terminate the employment relationship at any time, for any reason, or for no reason, with or without notice. Pennsylvania does not require employers to establish probationary periods by law, and there is no state statute setting minimum or maximum probation lengths. The at-will rule applies equally to probationary and permanent employees.

However, Pennsylvania recognizes important exceptions to at-will employment that protect probationary workers. Under the Pennsylvania Human Relations Act (43 P.S. § 951 et seq.), employers cannot terminate employees based on race, color, religious creed, ancestry, national origin, disability, gender (including pregnancy), sexual orientation, gender identity or expression, age (40 and older), marital status, or domestic/sexual violence victim status. This protection extends to probationary employees from the first day of employment.

Pennsylvania also protects employees from retaliation for exercising statutory rights, including filing workers' compensation claims (43 P.S. § 823), reporting occupational safety violations, or responding to OSHA investigations. The Pennsylvania whistleblower statute (43 P.S. § 1425) protects public employees from retaliation for reporting violations of law or gross mismanagement.

Crucially, Pennsylvania courts recognize that an implied contract of employment may be created through oral statements, written handbooks, or past practice. If an employer's handbook or offer letter states that employment is contingent on satisfactory performance, that employees may only be terminated for "good cause," or that probationary periods must be completed before "permanent" status is granted with different termination protections, a court may find an enforceable implied contract limiting at-will termination rights. This means probationary workers may gain additional protections if the employer's own policies suggest otherwise.

Pennsylvania's at-will rule contains several significant exceptions that protect probationary employees. First, the at-will doctrine does not permit termination for illegal reasons. Firing a probationary worker based on a protected characteristic—race, color, religion, national origin, disability, gender, pregnancy, sexual orientation, gender identity, age 40 or over, marital status, or victim status of domestic/sexual violence—violates the Pennsylvania Human Relations Act (43 P.S. § 951 et seq.), regardless of the employee's tenure or status.

Second, termination in retaliation for protected conduct is prohibited. An employer cannot fire a probationary employee for filing or threatening to file a workers' compensation claim, reporting occupational safety hazards, refusing unsafe work, or serving on jury duty. The Workers' Compensation Act (77 P.S. § 481 et seq.) explicitly prohibits retaliation for filing a claim.

Third, implied contracts override at-will status. If an employer's employee handbook, written employment agreement, or repeated oral assurances state that employees will only be terminated for "cause," that probation must be successfully completed before dismissal without cause, or that a probationary period establishes job security, Pennsylvania courts will enforce that contract and require the employer to prove cause for termination, even during the probationary period.

Fourth, good faith and fair dealing principles may limit at-will termination in narrow circumstances. While Pennsylvania courts rarely invoke this exception, they recognize that an employer cannot terminate an employee in a manner that violates public policy or breaches an implied covenant of good faith and fair dealing—though probationary employees receive less protection here than permanent employees.

Fifth, federal protections apply regardless of state law. Probationary employees covered by Title VII, the ADA, the ADEA, the FLSA, the FMLA, and federal whistleblower statutes retain those protections. Additionally, union-represented employees in Pennsylvania, even during probation, are protected by the National Labor Relations Act and any collective bargaining agreement, which typically requires the employer to prove just cause for termination.

Step 1: Document Everything. From day one of employment, keep detailed written records of all feedback, evaluations, and interactions with supervisors. Document emails, performance reviews, verbal comments about your work, and dates of significant events. If you receive any comments about your protected characteristics (age, race, gender, disability, religion, sexual orientation), record the speaker, exact words if possible, date, and context. Save all handbooks, offer letters, and written job descriptions. Take screenshots of job postings that promised specific probationary terms or job security. Document any incidents where you reported a safety concern, discrimination, or requested accommodation, and note how management responded.

Step 2: Understand Your Rights and Review Your Employment Agreement. Before taking external action, carefully read your signed offer letter, employment agreement, and employee handbook. Look for language about probationary period length, conditions for remaining employed after probation, whether termination during probation requires cause or may be at-will, and any mention of performance improvement plans. If the documents suggest you cannot be terminated without cause after probation, or if they state that probation is a "trial period" to evaluate fit with specific performance benchmarks, you may have an implied contract. Request a copy of any handbook or policy you were told about but never received in writing. Consult a Pennsylvania employment attorney before pursuing any complaint if you have a signed contract that contradicts at-will termination.

Step 3: File an Internal Complaint if Applicable. If you believe you were terminated (or are being mistreated) because of discrimination, retaliation, or violation of your implied contract, contact your company's HR department or supervisor's manager in writing. Send an email documenting: the specific discriminatory comment, conduct, or protected activity (e.g., "I filed a workers' compensation claim on June 5"), when it occurred, who was involved, how it affected you, and what you are requesting (continued employment, reinstatement, or compensation). Keep a copy and send via email so you have a dated record. If your employer has a formal grievance procedure, follow it to completion. Internal complaints do not waive your right to file with outside agencies, but they create a record and may prompt the employer to reconsider.

Step 4: File a Charge with the Pennsylvania Human Relations Commission (PHRC) or the EEOC. If termination involved discrimination based on a protected characteristic or retaliation, file a charge as soon as possible—Pennsylvania has a 300-day filing deadline (matching the federal "deferral state" timeline under Title VII when the PHRC is the initial recipient). You may file with the PHRC (which refers federal claims to the EEOC under work-sharing agreements) or directly with the EEOC's Philadelphia District Office. To file, contact the PHRC at 717-787-4350 or visit www.phrc.pa.gov. Provide a detailed written charge including your name and address, your employer's name and address, the date the discrimination or retaliation occurred, a description of what happened, and any protected characteristic involved. Include copies of offer letter, handbook, performance reviews, and termination notice. There is no filing fee. The charge initiates an investigation; you are not yet suing.

Step 5: Participate in the Investigation Process. Once you file, the PHRC or EEOC will send you and your employer a notice of the charge. Expect the agency to contact you for additional information within 1-2 weeks. Provide all documentation and be prepared to describe events in a timeline. The agency typically sends the employer a request for information, and the employer is required to respond (usually within 10 days). The investigation may include interviews with witnesses, review of personnel files, and examination of policies. The PHRC investigation typically takes 60-90 days; the EEOC may take longer. You will receive a "Right to Sue" letter if the agency finds insufficient evidence or after 180 days of investigation (whichever is sooner), allowing you to file a private lawsuit in court.

Step 6: Consult an Employment Attorney Promptly. If you are facing termination during probation or have been terminated, contact a Pennsylvania employment lawyer as soon as possible. An attorney can review your written agreements to identify implied contract claims, advise on the strength of discrimination or retaliation claims, and represent you in negotiations or litigation. Many employment attorneys work on contingency (no upfront cost) for discrimination cases. An attorney can also advise whether to file an administrative charge with the PHRC/EEOC or pursue a breach of contract or wrongful termination lawsuit directly in Pennsylvania state or federal court. If the employer is attempting to enter into a severance agreement or non-disparagement clause, do not sign without legal review.