Legal Question in Employment Law in Pennsylvania

My daughter was fired yesterday from a job she held for almost 2 years for chronically being late. She did her work well, received a perfect attendance award the first year, but was repeatedly warned. Through her employer she had access to help and was taking advantage of it. She had two appointments so far with a doctor to try to get to the bottom of her sleeping problem and subsequent difficulty in getting up and getting out the door. She received two written warnings and the third time was talked to by human resources and two supervisors who informed her at 5 p.m. that she was terminated after repeated warnings about the lateness and no improvement. Even though she was coming in late, she always completed her job, worked through lunches or stayed no matter how late which was acknowledged by her immediate supervisor. She was a treasury operations manager at a large bank Because she was seeking help for the problem, which had not yet been identified, was she justly terminated? We are also unsure if she will be eligible for unemployment and, if necessary, have requested the doctor to provide a letter stating that she was in the process of treatment.


Asked on 11/18/10, 4:35 am

1 Answer from Attorneys
Justin Gearty Law Office of Justin C Gearty Jr

PA is an employment at will state, which means that an employer may terminate an employee for any reason or no reason at will so long as it is not based on discrimination. This does not sound like it would rise to the level of discrimination under the law.

To qualify for unemployment, the employee must demonstrate that he/she was unemployed due to no fault of their own. Here, if the employer notes that they terminated her due to tardiness, the initial application will likely be denied. She would then have the right to an appeal before the UC board where she can plead her case as to why she was terminated due to no fault of her own.

DISLCAIMER; This post is for educational purposes only and does not create an attorney-client relationship.

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Answered on 11/29/10, 5:55 pm


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