Legal Question in Employment Law in Pennsylvania

lay off pennsylvania

My mother was layed off from a place that probably has about 15 employees. She is a paramedic. She was the only one layed off and when this was done the boss said to my mother..''you have issues'' , which would look like to anyone that the boss actually would like to fire her, but could not bc there was no verbal or written warnings, ever. Is it against the law for this employer to hire someone else to fill my mothers position, after she was layed off? And if they do hire another individual before hiring my mother back, should we seek an attorney?


Asked on 9/26/08, 10:09 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: lay off pennsylvania

You asked about a layoff.

It depends on the entire circumstances. Employers are allowed to take most any action they want with regards to employees so long as that action is not adverse and unlawfully based on the person's membership in a protected class.

This is a broad topic and you can find discussions about it in the asked and answered section.

Also important is whether the employer is a "covered" employer under the ADA. This would go to the heart of the matter and prevent such a claim from even getting out of the gate.

Regards,

Roger

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Answered on 9/26/08, 11:37 pm


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