Don’t Let the Bed Bugs Bite – Complaint Supports Wrongful Termination Claim.
Pennsylvania has an “extremely strong” presumption that employment is at will and can be terminated for any reason, but Pennsylvania courts have recognized a “very limited exception” for firings that threaten a “clear mandate of Pennsylvania public policy.”
A federal court in Philadelphia recently recognized that this limited exception includes protection against retaliation against an employee for making complaints about unhealthy working conditions due to pests under the federal Occupational Safety and Health Administration law (“OSHA”) and the Pennsylvania Worker and Community Right-to-Know Act (“PWCRA”).
In Beck v. CNO Financial Group, Muriel Beck had complained to her boss about problems with mice droppings, bed bug bites and other pests at the CNO Philadelphia call center. Beck also filed a complaint with OSHA about the problems, took a medical leave, and was fired when she did not return to work after two weeks.
Judge Berle M. Schiller denied CNO’s motion to dismiss, citing precedents in Pennsylvania “that Pennsylvania public policy is threatened if an employer fires an employee for engaging in protected activity under the OSHA Act.” The court noted that neither OSHA nor PWCRA created a special administrative body to exclusively handle such claims and therefore the statutes are public policies protected under the state’s limited exception.
We also suspect that Judge Schiller and his staff were creeped out about the facts and wanted to ensure the employee had a remedy.