Legal Question in Employment Law in Pennsylvania

Re: Termination of Employee

You asked terminating an employee for being late.

Terminating an employee is always a risky proposition. As you know, employment in Pennsylvania is at-will. An employer can fire an employee for any lawful reason or no reason. As to whether an employee can collect unemployment benefits, it is often a gamble.

Unemployment benefits are and decisions about benefits are skewed to protect the employee. This is well-established public policy. So unless there is a firing for cause, think gross misconduct, unemployment benefits will usually be awarded.

But you should ask yourself some questions. Is being late such an issue? Does the tardiness create a hardship on the business or is it just an annoyance? Is there a reason for her being late that could be defined as medical, mental or a social cause for habitual tardiness.* All three reasons are not only valid, but may also expose you to legal action for termination.

Otherwise how does this employee perform? What would be the cost in hiring and training a replacement? Do these issues affect morale?

If there isn't an overwhelming need to terminate the employee then it might be an occassion to come up with a creative management solution. Come to a VERBAL agreement, that she is not being terminated at this time. But if she's late again, she must bring donuts for the office. If she's more than 15 minutes late (including getting donuts) she buys lunch for EVERYONE in the office. Let her co-workers know about this concession. It will make management look good and will reduce the sentiment that she is getting favored treatment.

But conversely, if she is creating a hardship on the business by being late. Or if there is no underlying valid cause then you as a manager have gone above and beyond in offering her more than three documented opportunities to correct her conduct.

I specialize in advizing small businesses and would be happy to work your firm. Contact me and we can discuss how I can help you succeed and grow your business.

Regards,

Roger

*Medical (e.g. sleeping disorders, doctor's appointments); Mental (e.g. depression, social anxiety); Social (e.g. arranging for daycare)