PA workers can sue third parties for interfering with existing employment relationships

In February 2024, the Pennsylvania Supreme Court issued a decision reconciling precedent in Pennsylvania courts regarding claims for wrongful interference with employment relationships. Previously, Pennsylvania courts typically limited these claims to prospective, not current, at-will employment relationships. The court has now held that individuals can sue third parties for wrongful interference with existing at-will employment relationships. The court further held that a supervisor doesn’t constitute a third party when the supervisor’s actions are within the scope of their employment.

Performance issues or pretext?

Cara Salsberg worked as an at-will employee for Drexel University under the supervision of Donna Mann beginning in October 2011. In June 2017, she was fired for unsatisfactory job performance based on Mann’s recommendation and representations.

She then filed a wrongful interference claim against Mann alleging the supervisor intentionally interfered with her employment relationship with Drexel. She claimed the reported performance issues were a cover-up and the discharge was actually in retaliation for her meeting with Mann’s supervisor to express concerns about Mann.

Mann asked the court to dismiss the case in her favor without a trial on the grounds that Pennsylvania courts didn’t recognize intentional interference claims with existing at-will employment relationships.