Legal Question in Employment Law in Pennsylvania
fired!
I was the deli manager at a local store for 4 1/2 years. I was called into the office by the owners a little over a month ago and asked to step down because they felt I was having a problem managing my employees. I agreed, took a pay cut and went to a different job in the same department, but third shift. I noticed that the inventory during this time was depleting a lot faster than when I had been doing the job. The freezer was empty in one week as well as cheese and sub cases. I was told by several people that the deli and bakery mangers were throwing alot away. I witnessed some stuff go out myself. To make a long story a little shorter, when inventory came, four weeks later, I was called onthe phone and terminated for falsifying my inventory records. I did not do this. I have never had a write up in the entire time I have been employed there and have never missed a day of work. I was never shown anything or given a chance to find out why there was a problem. I know that I am an at will employee, but I have applied for UC and been denied for willful misconduct. I didnt do this. I need to clear my work record and my name. I cant get another job because of this. What should I do, besides appeal?
1 Answer from Attorneys
Re: fired!
You asked about a termination.
You have two issues here, the first is unemployment compensation, which you should appeal and demand a hearing. The second is that the employer may be defaming you.
You are correct that an employer may terminate an employee at-will for any non-discriminatory purpose. But unless an employer can document bad conduct then it has no business saying anything negative about a former employee.
You should speak with an attorney about filing a defamation suit. There are several aspects to this but generally it would stop the employer from continuing to say incorrect negative things. Second, it will likely obtain compensation for the damage that has been done by the employer's conduct.
Regards,
Roger