QUESTION

Can you fire a nurses aid when a residents fall is an accident ?

Asked on Sep 26th, 2014 on Employment Contracts - Pennsylvania
More details to this question:
I recently got fired from my job of a year that I worked my butt off; sometimes over 100 hours a pay. A resident fell on a hoyer/total lift by accident the lift tipped over. The other aid with me was controlling the lift i wasn't even touching it. I got fired and she didn't? Can they do that ? With no evidence?
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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Pennsylvania is what is called an "employment at will" state.  What this means is that employers can terminate employees for any reason, or no reason at all.  There are certainly exceptions to this rule. For example, an employer cannot terminate an employee because of the employee's race, gender, disability, etc.  Whether or not you were "at fault" for the accident is probably not relevant to whether you were wrongfully terminated.  However, if the incident is reportable to some type of governmental authority, and you told the employer you were going to report it and the employer terminated you in order to cover the matter up, that might be a wrongful termination.  As with most situations, the specific facts are quite important.  We'd need to have further discussion in order for me to give you a more definitive answer. There may be other issues relating to your employment that could be used to prevail upon the employer to change its mind and restore your employment This all being said, you should certainly file for unemployment compensation benefits.  Whether you were at fault in the accident is less important in determining your eligibility for those rights.  My law firm is the provider law firm in Pennsylvania for LegalShield, a provider of legal services memberships.  For as little as $25 a month, you can get telephone consultations, documents reviewed and letters written on your behalf, representation for traffic tickets, will preparation and more.  Memberships are sold through independent sales associates.  If you are interested in learning more, I suggest that you contact pbergerjr@legalshieldassociate.com.  Once you become a member, you can contact my firm via our 800 number and talk further about this legal matter with me or one of the attorneys on my staff. 
Answered on Sep 29th, 2014 at 2:18 PM

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