Legal Question in Employment Law in Pennsylvania
Told me terminated, told everyone else resign.
I hada baby, but was not protected by the FMLA, however, I was told by my employer that I could have an unpaid absence and could return when I was released from my doctor. After 6 weeks, I went back to my doctor and was not released for another week. I called and left a message for my supervisor to let her know I would not be returning that week. I called HR half way through the week to let them know I would be returning on monday, and I was told that I was ''terminated''. They then sent me a letter saying that ''they had no other choice but you accept my resignation.'' Then when I applied for unemployment (which I was granted) they tried to appeal. The day before the hearing, they withdrew the appeal, but I was just wondering if they could fire me or if that was wrongful determination. I have letters stating no real timeline as to when I was to return, only the statements ''when I was released from my doctor''. If anyone could let me know if I have a case, I would really appreciate it. Thanks!
2 Answers from Attorneys
Re: Told me terminated, told everyone else resign.
Generally PA is an at will emplyment state, meaning you can be fired (absent recognizable and cognizable discrimination) for any reason or no reason. FMLA complicates issues somewhat. Why weren't you covered by FMLA?
Re: Told me terminated, told everyone else resign.
You asked if your post-partum termination from employment was discriminatory.
Yes, you may have a claim. Pennsylvania is generally an at-will employment state. But there are broad exceptions such as illegal discrimination against persons who are, or because they are, members of protected classes. Pregnancy is a protected class.
The particular circumstances of your situation must be evaluated to determine if you are entitled to any relief. It is important that you speak with an attorney promptly. You have a very limited time in which to bring a claim. Failure to bring a claim within that time will be a complete bar to relief.
Regards,
Roger Traversa
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