Legal Question in Employment Law in Pennsylvania

You should see an employment discrimination lawyer to determine if there is a cause of action for sexual discrimination or other another type of discrimination claim. You should file for unemployment. You should not attend an unemployment hearing without consulting the discrimination lawyer first. Otherwise, your wife might prejudice a potentially viable discrimination claim during the UC hearing.

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.

She may have a discrimination and harassment claim. For instance, if she was being stalked and thereby harassed because of her gender and her employer failed to take remedial action to get the co-worker to stop "harassing" her then her employer may have liablity for unlawful harassment. And, if the employer's failure to provide her a workplace free of unlawful harassment caused her to quit and it was reasonable to do so under the circumstances, she may have what the law refers to as a "constructive discharge" case. She should consult with a lawyer who handles employment cases. Also, as noted previously, she should apply for unemployment compensation and use a lawyer to handle any hearing. Feel free to call for a no obligation consultation. (800) 433-9700 Domenic Bellisario