Legal Question in Employment Law in Pennsylvania
family medical leave
in respect to the ''work at will'' in pennsylvania,could a employer legally terminate you under the at will clause after returning back from a 12 week family med/leave. if so is their a time frame they must go by after returning to work. thanks in advance
Asked on 8/10/08, 4:39 pm
1 Answer from Attorneys
Terrence Valko
ERISA Disability Lawyer
Re: family medical leave
The Federal Family Medical Leave Act supercedes the traditional rule in most states, including the commonwealth, that a worker can be fired for good rason, bad reason or no reason at all.
Sounds like a pretextual discharge where your rights must be asserted in a federal forum for retaliatory discharge inviolation of the FML statute. Contact a labor and employment lawyer about addressing this injustice on a contingent fee.
Good Luck
TV
Answered on 8/11/08, 1:02 pm