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Can your employer fire you for not going to work during a state of emergency in pennsylvania

Philadelphia, PA |

My friend work as a CNA at live in rehab center was told by her employer that she have to get to work anyway she could. However the city in which we live is under a state of emergency.

Attorney Answers 3


Not sure, but common sense says that certain public safety and health professions would need to take extraordinary efforts to get to work. Is your friend union? If not, she is likely an at will employee and can be fired if she does not go in.

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Unless your friend is working under a contract or in a Union, she's probably an at-will employee, and therefore can be fired at any time for any reason that isn't illegal discrimination.

It's unfortunate, but true.

This answer is informational only and does not create an attorney client relationship. I am not expressing an opinion on the merits of your case based on the facts above. This is not legal advice. This is free. You pay for legal advice.

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While your friend can be discharged for not reporting to work if your friend is not under an employment contract, your friend may prevail in receiving unemployment compensation benefits if discharged, depending on all the circumstances in your friend's particular situation.

Answers to questions on this forum do not create an attorney-client relationship.

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