Answers Posted By Harold Goldner
Answer to I reported my manager for a negative extreme change in his behavior and memory loss that resulted in major information technology risks. I was fired 8 hours after reporting him. Do I a right to sue for wrongful discharge?There is an age-old expression, "When you shoot at the King, you better not miss." Pennsylvania is an at-will state in which you can be fired at any time for a good reason, bad reason, or no reason at all. Your boss could walk in on a random Wednesday and tell you "we've decided someone has to be fired today, and it's you" and there's not a thing you can do about it.
You *cannot* be terminated in violation of a "public policy," which PA courts have interpreted generally to mean "legislative enactment." As a result, you can't be fired usually because of your sex, race, age (over 40), religion, national origin, or perceived, actual or record of disability.
In the case you set up, you "reported" your boss to his boss. Legally, nothing wrong with that. Politically, that was perhaps a little less savvy. Generally "going out of bounds" is often why someone loses a job. It's not fair. It's not right, but it's not illegal.
posted Mar 17, 2017 4:13 PM [EST]
Terminating an employee for filing for unemployment compensation violates public policy, and therefore can serve as grounds for a wrongful termination claim.
Your son (not you) should contact an employment attorney to determine what, if anything, can be done to remedy his situation.
posted Jan 4, 2017 2:54 PM [EST]
posted Dec 29, 2016 3:00 PM [EST]
Answer to After giving notice of two weeks and the employer terminates me immediately can he demand I bring back a company tablet within the next two days personally to an office I am not near (Im a homecare RN) . Just wonderimg what the timeframe is forreturning eNot necessarily, but why wouldn't you? You're an employee at will; an employer is within its rights to terminate you immediately once you give notice. If you're not working the next 48 hours, what impediment precludes your returning their property? I can't imagine the cost of an employment lawyer justifying hanging on to the device, can you?
posted Dec 13, 2016 10:57 AM [EST]
Answer to was terminated from a company that I was with for 13 years. Was providing me a severance pay for 13 weeks. However there was a non-compete for 2 years could not work for another company in the same industry. Never worked for another company in same industYou should contact an employment lawyer and sit down with that lawyer *in person* with any employment agreements and any correspondence you've received from your former employer *in hand* and that attorney can advise you what the best course of conduct is. Non-compete provisions can be enforced, even when in severance agreements, but the non-payment of the amount of the severance package may also work to invalidate the agreement. As with many things legal, the answer is "it depends," and you should not rely upon (nor expect) legal advice over the internet.
posted Mar 21, 2016 2:45 PM [EST]
Answer to Am I eligible for unemployment?No. Voluntary quit does not entitle you to unemployment benefits. Unemployment compensation law states that persons are entitled to benefits who become unemployed "through no fault of their own".
posted Mar 1, 2016 10:42 AM [EST]
You should be sure, however, that you and your former coworkers hire a lawyer and firm which has already handled FLSA and wage and hour cases.
posted Feb 21, 2016 12:25 PM [EST]
The failure to promote is equally actionable.
Your friend should consult with a Pennsylvania employment attorney to assess *all* of the facts of his or her case, because it's impossible to diagnose these situations adequately over the web, nor is an attorney permitted to "give legal advice" via the web to a non-client.
posted Nov 12, 2015 12:05 PM [EST]
posted Mar 19, 2015 12:09 PM [EST]
It should be noted, however, that your former employer (that is, whichever one you elect to be "former") may be able to prevent you from using "trade secrets" acquired during your prior employment. You should check with an employment lawyer about your specific plans before you commit yourself to any path.
posted Jun 18, 2014 3:46 PM [EST]