Legal Question in Employment Law in Pennsylvania

concern about suspicion

My son is 19 years old, worked as a cashier for a month, was fired with no notice. The reason for dismissal was money shortages on four occasions that added up to roughly $140. After leaving his shift, other employees had access to his drawer, so there is no evidence that he is responsible. Considering the amount of money 'missing', it can appear that there was theft involved. My son is very concerned about his reputation, especially when looking for another job. He never had any reprimands, questions, etc., concerning money shortages. What is the proper protocal? Is there a way that he can clear his record of this so that prospective employers will not be influenced by it? Should he contact someone higher up in the company? It almost seems as if someone is guilty of gross negligence or outright theft, and my son is taking the fall for it. He is most certainly not a thief, so that leaves one other possibility; that he is so inept that he lost a good deal of money. What are his rights?


Asked on 2/28/06, 7:53 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: concern about suspicion

As to the job there is not much one can do. Pennsylvania is an at-will employment state. As long as the employer's cause for termination is non-discriminatory an em[loyer is free to discipline or terminate an employee for any reason or no reason at all.

As to the reputation issue, I think you are correct that it needs to be addressed. It's good to see that your faith in your son is so strong, it would seem you wouldn't have been so concerned if you hadn't instilled in your child the value of right versus wrong.

You are correct that there are many potential reasons that his drawers could have come up short, the worst being that he is a thief, that he is incompetent, or that in some other way his drawer was shorted. Since the first seems unlikely we can consider the second and third. In the second instance it could be blamed on poor work practice or poor training or both. Neither would have any value in this argument, his drawer was short and he was responsible.

But in the third circumstance there is culpability that lies outside of your son's activities. That otherwise the drawer was shorted. Yes, upper management needs to be made aware of this and it should be determined that because there was no proof of how the drawer was shorted that his "record" should not be sullied by unproven allegations.

In Pennsylvania an employee has an irrefutable right to review their personal employment records maintained by an employer. The first step is to approach the employer and review those records (only at the location where those records are maintained). Depending on what they evidence you may need to go further. I won't go into all the potentials, but this is something that should be self evident. If there is an inaccurate record, you should clear the record.

Good luck.

Regards,

Roger Traversa

[email protected]

PS - Please feel free to contact me with regard to this or any other legal matter. RJT

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Answered on 2/28/06, 9:53 am


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