Legal Question in Employment Law in Pennsylvania

Greetings to the LawGuru;

This is my first experience in working in a Mental Health Clinic as a Scheduler/ Receptionist. I was told by my supervisor on a few occassions, there was some complaints from the special need clients that really have problems. Their issue was to them I was being unprofessional, I do not consider myself as a ruded or disrespectful individual.I have worked over 20 years most of my life is with the public weather it is on the phone or in person. I was never fired or let go for unprofessional behavor. I was fired just recently for this type of allegation. I do not know who was making the allegations against me, I had asked my supervisor if she could tell me so I would know why, and how to make things better in the work place. My supervisor would not tell me who the clients were. I stayed and worked 5 1/2 months of overtime with no time off, I never got any breaks, except lunch which was a 1/2 hour. I worked 12 hours for 3 days a week and my regular 8 hours as well, so on a weekly basis my hours totalling 52 hours a week. I felt is i was rude as my supervisor stated why

would she continue to allow me to work the overtime. Is there any way I can fight them to get my unemployment. I know of other employees that witness some of the allegations that was a lie. I do not believe this is the reason I was fired, but I cannot prove it. Please if all possible I need some advice on how i should handle this situation and I do not have a lot of time.

Thank you


Asked on 4/01/10, 6:40 pm

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

I would recommend that you file for unemployment compensation. You will most likely be denied on initial determination. The service centers are so overloaded right now, they are denying a lot of claims that they ordinarily Make an immediate request for an appeal. Your termination iwll disqualify you from receiving benefits only if it is due to "wilful misconduct." Trying your best to do your job but not being able to meet expectations is not wilful misconduct.

This is the kind of case for which I would recommend you have representation - it can make the difference in a win or a loss. I know it is hard to think about paying a lawyer when you are fired and not collecting any money yet. If you win, however, you will collect for at least 26 weeks, and more likely for nearly a year. I strongly urge you to seek representation.

Pennsylvaia does not mandate breaks like other states do.

If your were not paid 1.5x regular pay for hours in excess of 40 per week, you should consider pursuing a wage and hour claim. You can do that through a lawyer or by contacting the wage and hour division of the Pennsylvania Department of Labor (blue pages or on-line).

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Answered on 4/09/10, 10:00 am


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