Legal Question in Employment Law in Pennsylvania
Right to sue for harrasment
I have been an office mgr in a medical practice for 8 yrs and for the last 6 months, my employer has pulled me into the office for reprimand, then 90 day probation, now I have reduction in pay stating I am ''insubordinate''. Up until the past 6 months, I have received perfect reviews, outstanding bonuses and salary increases. Now, nothing I do or say is right, I'm ''passive/agressive'' and he doesn't want to fire me and doesn't want me to quit. He has given me nothing in writing as far as an action plan, has been very rude and has made a witnessed comment that some people have been here too long and maybe I should clean house. I feel that I am being harrassed and he expects my job performance to remain the same with all that has happened. I have kept a journal of everything that has happened since the first encounter. If fired, do I have a legal chance of filing for unemployment?
1 Answer from Attorneys
Re: Right to sue for harrasment
If you are fired you have a right to collect unemployment compensation unless your employer proves you were guilty of "willful misconduct".
Simply not meeting your employer's expectations is not enough. The employer must show a deliberate failure to follow a known policy.
On the other hand, you cannot sue your employer for generalized "harassment". the law only protects employees who are subjected to harassment because they belong to a protected class. Therefore, if you can prove the harassment is sexual or racial or age related, you may have a claim. If, however, your boss is an equal opportunity jerk, i.e. he or she treats everyone equally but badly, your only option in most cases is to find another job.
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