Legal Question in Employment Law in Pennsylvania

Re: Job Abandonment

It sounds like there is more going here than is included in your inquiry. My suggestion is that you speak with an attorney to discuss the matter in the proper context.

As to your specific questions, the employer has great leeway in its employment policies. Employment in Pennsylvania is "at-will" meaning that an employer may act in almost any manner it wishes as long as its actions are not discriminatory. As long as firm policy is applied uniformly and not in a discriminatory manner it will be allowed as within the discretion of the business.

Here it sounds like there is an issue underlying the one on the surface. An employer can determine that a job needs to be properly staffed at all times and thereby limit your ability to just get up and leave. Such as when you need to relieve yourself or leave at the end of the day. But the employer would have to demonstrate that that was a requirement of the job and not an arbitrary determination.

If you have a recognizable condition that requires you use the restroom more often than "normal" then the employer can provide limitations on your ability to leave but they also must unequivocally accomodate any limiting condition. Essentially, this would be regulated by the Americans with Disabilities Act. This is a highly specific area of law and I really can't explain how to use it in your situation here.

No, your employer can't write you up for "job abandonment" as that is a specific legal term, but they can write you up for leaving with your station without permission, if that is the case. They can require you to get permission to use the bathroom but once you let them know that you have a medical condition that neccesitates more frequent use THEY MUST ATTEMPT to accommodate your condition.

Same applies for the end of the day. the employer's discretion trumps amd they can require you to work more than 8 hours a day within guidelines established by state and federal law. But they cannot require you to stay or work after you have "punched out." If you are under their stricture then you must be on the clock.

The problem lies in enforcing these issues. You should speak with an attorney about this matter and must speak with an attorney if there is any "adverse action" in connection with your employment, such as termination or even a reprimand.

Of course, I would be happy to speak with you about this matter. You can contact me at [email protected] or via the information listed with LawGuru.

Regards,

Roger Traversa

Arjont.com