Legal Question in Civil Litigation in Pennsylvania

Wrongful Termination?

My daughter was terminated from her job of nearly 4 years because of tardiness. Prior to termination she was warned and placed on 30 days probation, which she successfully completed. She then was late 5-6 minutes several days after that. Her company has a ''flex-time'' policy. Employees are required to work 8 hours during the ''core hours'' of 7:00am and 9:00pm. This has been the policy since she was first hired and is something that is practiced by all employees. Can her employer single her out for termination when this has been the accepted policy

for at least the last 4 years? All persons involved in this agree that her work was exceptional and was in no way substandard. She did an excellent job. Can they get away with this?


Asked on 7/08/04, 3:17 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: Wrongful Termination?

these are tough cases. generally an EE can be fired for good reason, bad reason or no reason at all - the Doctrine of at-will employment. sometimes there is a union contract or an individual contract.

sometimes there is an express contract or one implied in-law such as when an employee manual is utilized and separate considerations such as detrimental reliance are involved.

take it to your attorney who may take the case on a contingent fee, but probably not.

if you are the member of a protected class Title VII may be pertinent should the discharge merely be a pretext.

good luck

TV

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Answered on 7/08/04, 10:34 am


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