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Need help with Labor Laws Pennsylvania

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  • Need help with Labor Laws Pennsylvania

    I was a manager at a gas station. As I did the schedule, I scheduled myself off on a Monday for my child to have a minor surgical procedure done. I was contacted by my employee on location that the clerks that were to relieve her were not able to come in on this same day (the first quite with no notice and the other had been admitted to the local emergency room). After contacting several other stores to see if anyone could cover the shift (no one was able) I contacted my supervisor. She told me that I had to get to the store and that I had to cover the closing shift, dispite the fact that I had to open the following morning and had a sick child at home. I told her I was unable because of my child. She then proceeded to leave me a voicemail asking where I could turn in my store keys for her to pick up. The next morning I showed up for work at my normal time. I had expected her to fire me because that was the threat made the previous day, so I was not surprised to see my assistant manager already at the store. When the supervisor finally showed up (3 hours later) she refused to give me termination papers. She told me that I was undeserving of papers because I was the one that "could not do my job". What rights do I have here and what can I do about this situation?

  • #2
    Was your child's illness attributable to FMLA?

    FMLA would apply if ALL of the following are true:

    1.) You have worked for this employer 12 months or more
    2.) Your employer has no less than 50 employees within 75 miles of your location
    3.) In the last 12 months, you have worked no less than 1,250 hours
    4.) Your child is under the age of 18, or is over the age of 18 but is incapable of self-care, and his/her condition qualified as a "serious health condition" under the statute.

    http://www.dol.gov/DOL/allcfr/esa/Ti...CFR825.114.htm
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      My child is 4 and ended up not getting the surgery because of seeing her family doctor and being diagnosed with strep throat, so no, I don't think it would have fallen under the guidelines. However, I did not have child care because of having this day scheduled off for her surgery.

      Comment


      • #4
        Unfortunately, if FMLA does not apply, you do not have any protections. The fact that you did not have child care is not your employer's problem. I agree the situation stinks but it's not illegal.

        PA law does not require that you be given any termination paperwork. They have up to 44 days to provide you with any COBRA paperwork.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          But how is it legal to terminate someone who can not change their plans on their [U]day off[U]??

          And where can I find PA Labor Laws on this matter clearly written out so I can understand them?
          Last edited by gbvno1; 12-20-2006, 04:41 PM. Reason: add more

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          • #6
            Yes, it is legal to discharge an employee who refuses to work when called, regardless of why or when (short of a employment contract or collective bargaining agreement that prohibits it).

            And, there is no law that says the employer may not do so. It's that there is no law that says the employer MUST NOT do so. That is the case in very many situations. Laws say what the employer must NOT do and what the MUST do. If the law does not address the particular situation either way, then the employer may do what he chooses.

            Now, there is an FAQ (# 5) that answers your question. It's just that there isn't any law either way and it's exactly because there is no law either way that the answer here is what it is.
            http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|&TNID=1024#5
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thank you all for your help.

              Comment


              • #8
                But how is it legal to terminate someone who can not change their plans on their day off??

                It is legal because there is no law that says it cannot be done.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment

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