Legal Question in Employment Law in Pennsylvania

Legal Obligation to inform employer where new job is

I was working part-time in HR for my employer. My husband & cousin also worked for same employer. My husband and my cousin both came across an opportunity to become partners in a construction business. My husband resigned in July & we felt it was not our obligation to tell employer where my husband's new job was, or who it was with since i was going to remain working there. My cousin recently resigned & I was terminated a few days after. The reason for my termination was that I withheld information that was detrimental to the company. All employees at this company have signed confidentiality agreements. My husband's & my cousin's new venture is in Florida, where an up & coming competitor to our company is located. Again, my husband & my cousin are not working for the competitor, but they became aware of the opportunity through this contact. Through all of this, I have not divulged any of the company's confidential information, nor have I been asked to by anyone that my husband is working with. I'm afraid that my employer will contest my unemployment. Do I have anything to worry about, and would it be wise to hire an attorney should my case go to hearing? Thank you for your time.


Asked on 10/03/06, 9:28 pm

1 Answer from Attorneys

Matthew Kelly Kelly Law

Re: Legal Obligation to inform employer where new job is

In order to contest your unemployment, your employer has to show you were terminated for willful misconduct. Hence, the alleagtion that you withheld information detrimental to the company. I would think you will have trouble on the unemployment front. Procedurally, the UC office will take your information and that of the company after which time they will render a decision regarding your unemployment. If your claim is denied I would strongly suggest getting an attorney involved. In fact, if you haven't already filed your UC claim I would suggest consulting an attorney now.

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Answered on 10/04/06, 9:26 am


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