Pennsylvania Wrongful Termination Legal Questions

There's no guaranteed answer to this.  If you turn down the position and apply for benefits and your employer doesn't contest your application, then you proabably get benefits.  If your employer does contest, I would say yes because if you turn the job down for a necessitous and compelling reason, you can still get comp benefits.  Turning down an offer to drive to work that's 80 miles one way is probably compelling enough but really its up to the referree to decide.  ... Read More

It is against public policy to fire someone in relatiation for filing a workers comp claim.  It's difficult to prove that a firing is retaliatory.  Often it must be close in time to when the employer finds out about the claim and usually comes with some kind of email or statement revealing the retaliation. Your firing could have been for any number of reasons.  Why do you think it was due to your work injury?  Its not necessarily unlawful to terminate an employee who happens to also be out on a work injury disability.... Read More

I am assuming you deny the allegations.  they are not legally able to withhold your final paycheck.  You could file a complaint against them with the PA department of labor, wage and hour division to pursue your right to receive your final paycheck.  If the allegations have any merit, you should consider retaining counsel as soon as possible.  I would not suggest that you communicate with your employer or anyone on behalf of your employer in writing about the allegations. ... Read More

Being let go and your work injury appear to be unrelated here.  There's a 3 year time period w/in which you must file a claim for a work injury.  Your timeframe may put you out of time.   However the details matter.  You should contact a workers compensation attorney local to you and discuss the details to see what your options are.... Read More

I'm not aware of any law that makes it unlawful to terminate someone due to the tattoos they display.  Maybe if the tattoos have religious symbols you might have an argument but probably that's not enough.  It's weird that they'd hired and spend money on you only to terminate you but companies make spending decisions that can't be explained all the time. ... Read More

I'm sorry that you lost your position.  That's always a tough situation.  Unfortunately the answer is probably "no".  pennsylvania is an employment at will state.  You can be terminated for any reason or no reason at all.  There are limited exceptions of course but the facts that you present don't put you into an exception.  You should be eligible for unemployment compensation benefits.... Read More

This is truly a shocking situation.  I'm sorry that you had to endure that.  I don't know that you have a claim here -- or at least one that is economically worth pursuing.  Truthfully you probably should have some supplies with you just in case.  IN addition, although I can see you being rightfully upset with this, I'm not certain that this incident would render someone disabled.  You might file a complaint with your local health department?  If you quit, I think you'd have a reasonble claim for unemployment.  Long and short -- if you're a good server, I have to think you could find a job with a nicer employer.  That's probably the best bet here.... Read More

Probably not.  Pennsylvania is an at-will employment state.  This means that, with the exception of a few circumstances, employers can terminate employees for any reason or no reason at all.  It seems unfair and often times it is.  I would say that you probably have a good case for unemployment benefits though, especially if your employer can't produce proof that you took the missing narcotics or violated the drug policy. ... Read More

No, not necessarily.  Pennyslvania is an employment at will state, meaning that in most instances employers can terminate employees for any reason or no reason at all.  They can even lie about the reason and sometimes do b/c they are trying to be kind or just don't have the intestinal fortitute to be up front with employees they let go about the reasons for the termination. ... Read More

Losing your job stinks no matter the circumstances.  Pennsylvania is an employment at will state, meaning that except for a limited set of circumstances, an employer can terminate you for any reason or no reason at all.  The reason cooked up by your employer may not seem fair but it doesn't give you a claim.  I'm sorry to tell you that. You should be eligible for unemployment benefits and should apply right away.... Read More

Very generally yes, employers can terminate employees, create new positions and assign duties among various positions.  There's something assumed in your question though -- were you wrongfully terminated?  Why do you think what happened was wrongful?  Pennsylvania is an employment at will state -- meaning your employer can generally fire you without cause.  There are certain situations where termination might be wrongful.  For example, if you have a contract and the termination violates the terms of the contract.  Or when the termination is the result of unlawful discrimination.  it would be helpful for you to provide more specifics about your situation. ... Read More

I'm sorry to hear that you lost your job.  You should be eligible for unemployment compensation benefits but I don't think you have a claim for wrongful termination. In Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all -- or a stupid reason.  Do you have a contract?  You might have it reviewed by an attorney to see if you can fight the termination.... Read More

In Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., age, gender and other discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all.   Even if the reasons given by your employer intially for your termination were totally wrong, they can still terminate you for no reason or a different reason.  I'm sorry that's surely not what you want to hear.... Read More

What is the connection between the Facebook post and your termination?  Why would your employer terminate you for a facebook post? Do you work with children?  In any event, in Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all -- or a stupid reason.  Do you have a contract?  You might have it reviewed by an attorney to see if you can fight the termination.  Do you think the termination is a "pre-text" for some type of discrimination that is prohibited under the law?  You should share those details with an attorney for a full evaluation of your possible claims.  ... Read More

I'm not sure I understand what happened.  What was the basis for termination?  If they are arguing willful misconduct that is one standard.  If they are arguing absenteeism, that is another standard.  Even if you are denied unemployment initially, you can hire a lawyer to appeal it and possibly prevail. ... Read More

If your day off on Monday was designated intermitted FMLA leave, then your employer cannot terminate your position on the basis of that sick day.  If your application for intermittent FMLA leave was recent, then that can bolster the inference that your termination was not only interference with your FMLA rights, but was also retaliation for your application for FMLA in the first place.  I would be happy to speak with you in more detail about your situation.  Please feel free to contact me directly.  Michael J. Davey, Esq. Eckell Sparks Law Firm mdavey@ecekllsparks.com (610) 565-3700... Read More

Your post raises 2 different issues:  (1) If you were terminated from your employment (as opposed to a voluntary quit situation), then your former employer bears the burden of proving willful misconduct.  General poor work performance is usually not enough.  Moreover, in the hearing, you should talk about the fact that you were working to the best of your ability, but were sometimes hampered due to your pregnancy, which you had informed your boss about.  (2) Depending upon the number of employees who worked at your former employer's office, you may also have a claim for pregnancy discrimination, in violation of Pennsylvania state law and/or the Federal Title VII law.  Both laws prohibit employers from discriminating against employees on the basis of pregnancy.  If other similarly-situated employees at your former firm (i.e., other employees with the same or similar job as you had) were not treated the same way you were, were not fired but were behind on their work, violated employer rules, etc., then you may have a claim for discrimination if the only difference between you and them was that you were pregnant and they were not.  Please feel free to contact me directly to discuss in more detail, if you would like.  Michael J. Davey, Esq. mdavey@eckellsparks.com (610) 565-3700... Read More

If your employer employs 50 or more employees and you work at a location with 50 or more of those employees within a 75 mile radius, then you will be eligible for FMLA leave if you: (1) have worked for your employer for at least 1 year; and (2) have logged at least 1,250 hours of service in that time period.  Presuming that you meet all of those criteria, then you are eligible for up to 12 weeks of FMLA qualifying leave each year.  Needing time off to care for a child with a serious health condition qualifies as FMLA-eligible leave.  Your employer cannot interfere with your right to FMLA leave, nor retaliate against you for taking qualified FMLA leave.  If you were on qualified FMLA leave for 10 weeks, then your employer is obligated to hold your position until you return, or alternatively, offer you a different job at the same pay and benefits as the position you previously held.   So, assuming all of the above is true, it sounds like your employer may have violated the FMLA when it terminated your employment.  I would be interested in speaking with you about your situation in more detail.  Please feel free to contact me directly at mdavey@eckellsparks.com or at 610-565-3700.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063... Read More

Your post raises a couple of different issues.  First, under the Americans with Disabilities Act and PA law, your job would only be protected if you could have performed all of the essential functions of your position either with or without reasonable accommodation for your shoulder injury.  You did  not identify what your specific job was, but one or more of the essential functions of your job required you to perform work that required the use of your shoulder and there was no accommodation that the employer could have provided to you that would have enabled you to perform those tasks, then the employer may terminate your employment under those circumstances.   And, since it seems that you were out of work in rehab for 16 weeks, then you would also have lost any Family Medical Leave Protection you may have been entitled to after the first 12 weeks of your rehab. Whether retaining your job and allowing you to remain out on unpaid leave for another 4-6 weeks post-FMLA would be considered to be reasonable accommodation would be another question.  These types of cases are extraordinarily fact-sensitive.  I would be happy to discuss the matter with you in more detail, if you would like.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700  mdavey@eckellsparks.com... Read More