Legal Question in Employment Law in Pennsylvania
Getting Fired
I work for a home health agency, the ''rule'' is that we cannot accept anything our clients give us, even something little or stupid we cannot take.If we do, we get fired. What if the client says that their home health aid did accept a gift, but the aid denies it. Can the aid get fired even though he or she denies it and the client says they did take it???
1 Answer from Attorneys
Re: Getting Fired
You asked if an employee can be terminated for allegedly accepting a gift from an client.
First of all let me say that the employer has a wonderful policy. There is a significant potential for abuse in homecare and eldercare situations. The policy may seem strict but it is for the benefit of all.
Next to your situation. Private employers and employees in Pennsylvania are subject to the employment at will rule. This means that employees may quit and employers may fire an employee for any reason or no reason at all as long as there is no illegal discrimatory motivation for the adverse action.
There is another caveat. If the employee is employed by a public or quasi public agency, or if the employee is part of a bargaining unit (union) then the employee may have greater rights. These rights could include the right to a hearing all the way up to the right to reinstatement with back pay for a wrongful termination.
Regards,