Stewart v. Fed Ex Exp., 114 A.3d 424 (Pa. Super. 2015)

The question is whether the trial court wrongfully dismissed Mr. Stewart’s case determining a question of fact whether a licensed firearm in a personal vehicle glove compartment is located on Mr. Stewart’s or Fed Ex’s property.  Firearms are prohibited by the employer.  The facts alleged in the complaint do not establish that Fed Ex required the employee to commit a crime, preventing him from complying with a statutory imposed duty, discharged him in violation of the statute or otherwise terminated him in violation of a public policy that “is so obviously for or against public health, safety, morals or welfare that there is a virtual unanimity of opinion in regard to it.”  At 429.  Accordingly, Pennsylvania law does not permit recovery on the facts claimed by the former employee here.