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Hiring & Firing › PA Supreme Court

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Fisher Phillips

So, You’re Saying There’s a Chance…5 Employer Takeaways to Enforce No-Hire Agreements

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In a recent decision, the Supreme Court of Pennsylvania examined whether no-hire agreements (which, as their name suggests, prohibit one business from hiring employees from another business), are enforceable under...more

Troutman Pepper

Pennsylvania Supreme Court Voids No-Hire Provision in Service Contract Between Two Employers

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Q: I heard that companies entering into commercial contracts in Pennsylvania can no longer restrict each other from hiring their employees. Is that true?...more

Parker Poe Adams & Bernstein LLP

Avoid Broad "No Poaching" Agreements With Clients

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A business’s employees are among its most valuable assets. Companies that provide professional services often run the risk that their clients may poach their employees. Think of information technology service providers,...more

Vinson & Elkins LLP

No-Poach Agreements: Out Of The Frying Pan And Into The Proverbial Fire?

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My colleagues and I have written much recently regarding governmental antitrust authorities’ review of no-poach conduct (for example, see here). But let us not forget the additional scrutiny such agreements can face in...more

Obermayer Rebmann Maxwell & Hippel LLP

The Supreme Court of Pennsylvania Takes Significant Step To Remove “Employers” From The List Of Species Protected from Poachers

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Thanks to a recent ruling by the Supreme Court of Pennsylvania, workers in the Commonwealth are now more likely to be considered “fair game” to other potential employers, even in the presence of an agreement otherwise between...more

Troutman Pepper

Pennsylvania Supreme Court Finds "No-Hire" Provision Unenforceable

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The Supreme Court of Pennsylvania recently affirmed a Superior Court order in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC et al., No. 31 WAP 2019, finding a no-hire provision between competing, sophisticated...more

Faegre Drinker Biddle & Reath LLP

The Pennsylvania Supreme Court Strikes Down a No-Hire Agreement as an Unreasonable Restraint on Trade

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Recently, in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC, No. 31 WAP 2019, — A.3d –, 2021 WL 1676399 (Apr. 29, 2021), the Pennsylvania Supreme Court found that a no-hire provision that was ancillary to a...more

FordHarrison

Non-Compete News: Open Season? Pennsylvania Supreme Court Invalidates No-Poach Provision Between Businesses

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In a recent decision and case of first impression, Pennsylvania’s Supreme Court unanimously affirmed that a no-hire of employees provision between a business and its vendor was unenforceable because it constituted an...more

Littler

Pennsylvania Supreme Court Decides Issue of First Impression on “No-Hire” (or “No-Poach”) Agreements

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The Pennsylvania Supreme Court recently decided an issue of first impression regarding “no-hire” (or “no-poach”) provisions in commercial contracts between two companies. In such agreements, one company agrees not to solicit...more

Fisher Phillips

Supreme Court of Pennsylvania Provides A 7-Step Roadmap to Employers While Striking Down No-Hire Agreement

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In a decision resolving a dispute that has been pending for nearly five years, the Supreme Court of Pennsylvania just voided a no-hire provision entered into by two companies that bound one of them from hiring former...more

Fisher Phillips

Pennsylvania Supreme Court Reminds Employers To Get Employee Signatures On Covenants Before They Start Work

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The recruitment and onboarding process can be fast-paced as employers and recruits go back and forth on salary, title, benefits, and more. Sometimes an impending deadline pushes the parties to move quickly, such as the start...more

Littler

Pennsylvania Supreme Court Expands Ability of Certain Employees to Bring Discrimination and Harassment Retaliation Claims under...

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On June 16, 2020, the Pennsylvania Supreme Court opened a new avenue for employees to file retaliation claims.  In a majority decision, the court held that the Pennsylvania Human Relations Act (PHRA) is not the only pathway...more

FordHarrison

Non-Compete News: Pennsylvania Adopts New Standard for Enforcing a Non-Compete Agreement Signed After the Start of the Employment...

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Executive Summary: Rejecting a bright-line test, Pennsylvania’s Supreme Court ruled last week that a covenant not to compete executed by an employee after the first day of employment can be enforceable — even though no new...more

Fisher Phillips

The Top Non-COVID Workplace Law Stories You May Have Missed: May 2020

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While you have been primarily focused on COVID-19-related matters for the past few months, that doesn’t the world of labor and employment law has taken a timeout. While the pace of new developments has slowed somewhat, there...more

Fisher Phillips

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

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(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

Fisher Phillips

Bailets v. Pennsylvania Turnpike Commission – Pennsylvania Supreme Court Strengthens Pennsylvania’s Whistleblower Law for...

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The Pennsylvania Supreme Court (the “Supreme Court”) has taken the “whistleblowers be made whole” purpose of the Pennsylvania Whistleblower Law, 43 P.S. §§1421-1428, (the “PAWL”) to the next level in its March 27, 2018...more

McNees Wallace & Nurick LLC

Discharged Employee Not an “Employee” Under Personnel Files Act

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The Pennsylvania Personnel Files Act (also known as the Inspection of Employment Records Law), grants employees in Pennsylvania, or their designated agents, the right to inspect certain portions of their personnel records....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Highest Court Has Spoken: Former Employees Are Not Entitled to Inspect Their Personnel Files

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Since January 6, 2016, almost 18 months ago, in accordance with a decision by the Commonwealth Court of Pennsylvania, employers in the state of Pennsylvania have been required to allow recently separated employees access to...more

Tucker Arensberg, P.C.

The Pennsylvania Supreme Court Expands Application of Transfer Between Entities Act

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Central Westmoreland Career and Technology Center Education Association v. Penn-Trafford School District (Pa. Supreme Court, decided February 16, 2016). The Pennsylvania Supreme Court held that paragraph (b.1) of the...more

Ballard Spahr LLP

Pennsylvania Supreme Court Delivers Clear Message to Employers Regarding Restrictive Covenants in Employment Agreements

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In a case of first impression, the Pennsylvania Supreme Court recently held that an employee may challenge an employment agreement containing a restrictive covenant for lack of consideration, even though the agreement...more

Fisher Phillips

Pennsylvania Supreme Court Finds That UWOA Language Does Not Waive Right to Challenge Adequacy of Consideration for Restrictive...

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On November 18, 2015, in a highly anticipated decision, the Pennsylvania Supreme Court held that employers could not use the language set forth in Pennsylvania’s Uniform Written Obligations Act (“UWOA”) to avoid providing...more

Saul Ewing Arnstein & Lehr LLP

Pennsylvania Supreme Court Rules that Words Alone Not Sufficient to Support Non-Compete Covenant

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Earlier this week, the Pennsylvania Supreme Court rejected a challenge to the longstanding requirement that post-employment restrictive covenants must be supported by actual consideration to be enforceable under Pennsylvania...more

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