Shick v. Shirey

Summary

The Pennsylvania Superior Court affirmed the dismissal of an at-will employee's wrongful-discharge claim alleging retaliation for filing a workers' compensation claim. The court held that Pennsylvania law did not recognize such a cause of action absent express statutory language prohibiting retaliatory discharge or a sufficiently clear public-policy mandate. Three judges dissented, concluding that the Workers' Compensation Act inherently established a public policy protecting employees from retaliation.

Holdings

1. Pennsylvania does not recognize a cause of action for retaliatory discharge based solely on an at-will employee's filing for workers' compensation benefits when the Workers' Compensation Act contains no express prohibition against such discharge.
2. The complaint failed to state a cause of action because terminating an at-will employee for filing a workers' compensation claim did not, under then-existing Pennsylvania precedent or statutory language, violate a clearly mandated public policy.

Questions Presented

1. Whether Pennsylvania recognizes a common-law cause of action for retaliatory discharge of an at-will employee who filed a workers' compensation claim.
2. Whether the complaint stated a claim under Pennsylvania's narrow public-policy exception to the at-will employment doctrine.

Disposition

affirmed