Legal Question in Employment Law in Pennsylvania

I hold a CDL and drove for my employer. They gave all the drivers a driver safety course taught by an outside instructor. At the end of the driving class the instructor passed out a PENN DOT form. He asked us to list any driving Violation from the past 12 months, sign the form and pass them back to him. I listed my most recent ticket, signed the paper and passed it back to the guy. A week later my boss calls me in the office, shows me the form I filled out, and a copy of my driving record. They told me that I had a speeding ticket, on my own time and in my own car by the way, from 10 months ago that I did not list on the form That I had signed it and certified the info was correct. I told him it was an honest mistake that I just didn't remember the date of that speeding ticket. I thought it was over 12 months ago. So they fired me for dishonesty and their conduct policy for not listing the speeding ticket. How can I be expected to remember the exact date of a ticket from almost a year ago. Plus the guy had my driving record already so why am i being asked to write it down in the middle of a driving class. Is this a wrong full termination? I had no time to call PENN DOT so I could get the correct info. The instructor gave us only 2-3 minutes to fill it out. Not to mention they already had my driving record.


Asked on 3/25/10, 9:31 am

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

Unless you are a union driver, you are an "employee at will" who can be fired for "good reason, bad reason, or no reason at all." Therefore it is unlikely that you have a wrongful discharge claim under PA law.

Your separation may qualify you for UC benefits if you are financially elgible. Your employer may not really have a "dog in that hunt" because the claim would not be charged to its account if you were only there briefly. If your employer does contest the claim, your good faith belief that you were honest and accurate when you completed the form would be an appropriate response in the UC forum. If you convince the referee, you win. Good luck.

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Answered on 3/30/10, 9:51 am


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