I have some questions on labor laws in Pennsylvania.

Asked over 1 year ago - Uniontown, PA

I was recently fired from a county job as a correctional Officer. They never notified me, I had to go to human resources and they sent me a letter stating that my job was terminated. I never had any written or verbal warnings, just let go. Do I have a case?

Attorney answers (3)

  1. Terence Sean McGraw

    Pro

    Contributor Level 13

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    Answered . You have a viable unemployment compensation claim if you did not violate a rule or cause the termination due to your own fault. If you are a union employee, you should pursue grievance procedures. Otherwise, you are unlikely to have a case unless you can show that you were terminted due to unlawful discrimination.

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  2. Richard Alan Jaffe

    Pro

    Contributor Level 13

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    Answered . It is unclear from your question what type of a "case" you are inquiring about.

    If you are inquiring about applying for Unemployment Compensation Benefits, as you were terminated from your employment, you should be able to secure You see Benefits. If you are a Union employee and your termination violated the Collective Bargaining Agreement, I would contact your union representative to determine whether or not you have a valid basis to file a Grievance with the union.

    If you are inquiring as to whether or not you have a case for Wrongful Termination, if you are a non-union employee, Pennsylvania, is considered an "at will" state and you can be fired for little or no reason, unless you fall into a protected class.

    It would be my recommendation that you contact an Employment Attorney, if you wish to pursue a Wrongful Termination Case to determine whether or not you do have a valid cause of action.

    If you are seeking merely Unemployment Compensation. It is my recommendation that you immediately file a claim for UC and you may still need to contact an attorney experienced in handling Unemployment Compensation claims. Should you be denied.

  3. Michael Joseph Davey III

    Contributor Level 11

    Answered . If you are a non-union employee without a contract of employment, then technically, no written or verbal warnings, or even advance notice, of a termination is required to be given to an employee. This is because Pennsylvania, as previously mentioned, is an "at-will" employment state.

    However, if you do have a contract of employment, then because you are a county employee it is possible that you may have a protected property interest in your governmental employment, which would require that due process be provided to you before you can be lawfully terminated. Most times, this process just comes in the form of a pre-termination hearing with a right to be heard, but it may be something nonetheless.

    Also, as a governmental employee, you have First Amendment protection that prevents you from being terminated in retaliation for speaking you mind about issues that are of public concern, or purely on the basis of political affiliation.

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