QUESTION

Do I have any recourse

Asked on Sep 13th, 2012 on Labor and Employment - Pennsylvania
More details to this question:
I was recently released from my position as a network administrator. The reason given was a support ticket was closed without being resolved 4 months ago, and so my ex manager stated that because he did not have the IT knowledge to know if tasks were completed correctly, there was no trust. I was not given any warnings, I was not given a chance to defend myself, and I do not believe they are filing the vacant position.
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1 ANSWER

If you did not have a contract of employment or were not part of a union, the unfortunate answer is that you probably have no recourse, unless you can prove or establish that the reason for your termination was not because of the unresolved support ticket, but really was based upon your race, sex, age, disability, national origin or religion, your recent application for FMLA leave, or some other protected status.   Pennsylvania, like most other states, is what we call an "at-will" employment state.  This means that if you are an "at-will" employee (i.e., you have no contract of employment and are not a union member subject to a collective bargaining agreement), then your employer can terminate your employment for good reason, bad reason, or no reason whatsoever, so long as that reason is not discriminatory.   Even though you may not have a claim for wrongful termination, however, you may still be eligible for unemployment compensation, because a single isolated incident of negligence, incompetence or sub-par work performance is generally not enough to disqualify a claimant for UC benefits.  Please feel free to contact me directly if you would like to discuss your situation in further detail.    Michael J. Davey, Esquire 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com   www.paemploymentlaw.blogspot.com www.eckellsparks.com      
Answered on Sep 14th, 2012 at 8:54 AM

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