Legal Question in Employment Law in Pennsylvania

I have been employed with my company for 40 years. I am 62 yrs old. I was until recently filling in for my Supervisor who was fired for disagreeing with the Plant Manager. I was praised for picking up and moving the business forward, which included managing 8 maintenance employees. Recently one of my workers was promoted to my boss, I disagreed with this but did not want the job myself. Recently I have complained that my new boss sits in a chair watch videos and does not seem to want to work or learn what is expected of the Maintenance Dept. A email came out last week where we (Maintenance) are expected to work OT, not only a 4 10 hr day but also Fridays and Saturdays. When I went to the Plant Manager to try and work out a resolution for my men, he immediately started yelling at me and told me that if I can't guarantee him every Friday then I am terminated!!!! I was shocked to say the least. Is this legal? If I have health and family responsibilites can I be terminated for refusing OT? I tried to come to an agreement where my new boss, who did not say a word, could switch on and off. I am second in charge. Another question, if I get terminated can I collect unemployement?


Asked on 6/23/11, 6:34 am

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

In Pennsylvania, an employer can generally require you to work overtime. There are few limitations, most notably in the health care area.

If you refuse the work and are fired the employer will challenge your benefits on the grounds you were discharged for wilful misconduct. However, if the change in your circumstances is found to be a substantial, unilateral, change in your working conditions that would cause a normal person to quit, you would still be eligible.

Are these changes permanent? Indefinite? Temporary? The more permanent or indefinite, the better your chances of qualifying for benefits.

You should be prepared to show that you undertook significant efforts to work out the problems caused by the change in hours. The more reasonable your proposals, the better.

You should also be prepared to explain how the change of hours created difficulty in your personal life - obligations to family, child care, etc. Mere inconvenience or annoyance is usually insufficient.

Is there a medical condition that would justify limiting your hours? In that case you may have some relief under the Family Medical Leave Act (intermittent leave) if your employer is large enough. Or, you may be able to make a request for reasonable accomodation under the Amercian's with Disabilites Act if your medical condition qualifies as a disability.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 6/23/11, 9:22 am


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