I was terminated due to “not a good fit”. I was not given any “counseling” or indication of unsatisfactory performance prior to termination. When I asked my employer to view copies of my counseling notices, I was told that it is company property and I am not allowed to see them. Is this legal in the state of Pennsylvania?
Ann Kiernan replies:
At-will employment, which is the law in Pennsylvania and every other state except Montana, allows employers to terminate workers for any reason—or no reason at all—except for an illegal reason, such as discrimination or retaliation for whistleblowing. “Not a good fit” is not an illegal reason.
But, you do have a right to see your personnel file under the Pennsylvania Personnel Files Act, including “any application for employment, wage or salary information, notices of commendations, warning or discipline, authorization for a deduction or withholding of pay, fringe benefit information, leave records, employment history with the employer, including salary information, job title, dates of changes, retirement record, attendance records and performance evaluations.”
You may want to speak to a local employment law attorney to learn more about your rights. If you do not know one, you can contact your local county bar association, or use the Find A Lawyer service of the National Employment Lawyers Association. Good luck.
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.