Legal Question in Employment Law in Pennsylvania
Obtaining records of an individual fired from a job
I am involved in a child support case. The father & I had a modification (at his request) put into order on 3/16/01. The child support went up, instead of down, much to his dismay. I had not received the child support payments scheduled, and have since verified that the wage attachment was no longer possible because he lost his job. It has been reported to me, by a coworker of his, that he lost his job on 3/16/01 or 3/17/01, because he reported to work intoxicated, and failed a drug/alcohol test. He has requested a decrease in child support again, but provided only ''due to father being out of work''. If the court finds he has lost his job due to misconduct, the will not reduce child support. He will not voluntarily disclose the reason for termination. How can I obtain valid information relating to his termination. The state is Pennsylvania.
1 Answer from Attorneys
Re: Obtaining records of an individual fired from a job
If he lost his job because of intoxication the court should not reduce his support obligation.(although you will not be able to collect until he gets another job)
As far as determining the basis for his termination, you will meed to have your support attorney subpoena the employer's record before the hearing.
Marc Pachtman, Esq.