Can I be fired for job abandoment if I called out due to a transit strike, and no way of getting to work?
Philadelphia, PA
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Posted 18 days ago in Wrongful Termination
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I work for a cell phone company and there is a transit strike. I live far from my store. I cant afford a cab as it would run me $60.00 a day round trip. I asked to be relocated to a branch that is in walking distance from my home. I was told this was not going to happen. I was told that if I did not appear for work, I could be fired for job abandonment. Paying the cab fare would be like working for free. How could it be conceder job abandonment if I call? Can they really do this. I tried to arrange transportation with one of the other employee's but I could not get to her home, and we do not work the same shift every day. I do not own a car and do not have family living in Phila that could assist me. I do not want to be fired, but I cant afford to put out that kind of money.
Answers (2)Alec Brian Wisner
This attorney is licensed in California and 1 other state.
Posted 18 days ago.
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Consult an attorney immediately! I'm sure that this has been litigated before, so a good employment attorney will be able to tell you what your rights are and aren't pretty quickly. You also might want to call local TV and radio stations to see if their consumer beat reporters want to pick up your story and, perhaps, interview you.
Harold Mark Goldner
This attorney is licensed in Pennsylvania.
Posted 18 days ago.
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Pennsylvania is an at will state in which you can be terminated at any time for a good reason, bad reason, or no reason at all. I recognize that the SEPTA strike has imperiled a lot of workers who just want to get to work and have no other means, but the employer can be unreasonable (as it appears to be) without being unlawful.
If you can't get to work because of the strike and you are terminated for absenteeism, you will have no recourse except to file for unemployment benefits (which you should receive as your absence would be for "necessitous and compelling reasons.") |