Legal Question in Employment Law in Pennsylvania

My wife was fired when I got a job w/ competing company.

My wife and I both worked for different divisions of the same privately held medical device company (company X). I left company X to work for a competing company (company Y). When I quit, company Y fired my wife citing ''conflict of interest.'' This is NOT performance related, in fact, at the time she was in the top 10% of her division for sales growth. During her tenure, she received only positive performance evaluations and no disciplinary action was ever documented against her.


Asked on 3/07/06, 4:14 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: My wife was fired when I got a job w/ competing company.

Really want the question answered don't ya'? It appeared in our in boxes 10 times. So stop pushing the submit button.

Employer wins. In Pennsylvania, and most states, there is a policy called at-will employment. This means that an employer is free to hire, discipline, promote or fire an employee for any reason or no reason at all as long as it does not violate specific statutory rights. These are for the most part all based on illegal discrimination.

Since I have experience in the employer's position on this very issue I agree with their decision. Having a spouse of an employee working for a competitot can create a bunch of potential problems that an employer does not need. Especially in this climate.

Fortunately your wife should have an easy time finding new employment given her record and abilities. She should consult with an attorney to discuss severance, earnings payouts and any potential problems regarding non-competition agreements. As it is, while the company may have acted in a hamfisted manner, it was probably legal and she should walk away on the best terms she possibly can.

If I can be of further assistance in this matter please feel free to contact me.

Good luck to you and your wife.

Regards,

Roger Traversa

[email protected]

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Answered on 3/07/06, 5:35 pm


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