Legal Question in Employment Law in Pennsylvania

My son started a job and day 1 the boss was giving him crap... I believe because of who his parents are... He was never late, never called off , and never written up .. he had been there about six weeks and the guy fired him .. said "you cant do your job" .. which is so not true, a few nights before another worker wanted to take him on his crew because he does work so hard.... what can he do about this


Asked on 9/27/11, 8:54 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

A non-unionized employee is an "employee at will" in Pennsylvania. Employees at will can be fired for "good reason, bad reason, or no reason at all." The only limitations on this rule are state and federal (sometimes local) laws that provide protection to certain classes of people, such as the disabled, people of color, ethnic groups, women, etc.

Parentage is not protected unless it falls into one of this categories. In short, it would be legal for a boss to harrass a worker because he had a personal beef with his father that had nothing to do with the color of his skin, etc.

Nothing you have stated in your question gives me any basis to determine whether your son falls in a protected class.

Thelaw does not provide for fairness in the work place. Courts and legislatures do not want to get involved in managing the human relations of companies. Rather, they provide broader protections to classes of people who have been historically disadvantaged in the workplace.

The employee at will standard is a two way street. The law does not force a worker to continue working for an employer he considers unfair. The law provides the worker with the right to "vote with his feet and hit the street."

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 9/28/11, 4:59 pm


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