Not told you were suspended or fired!

[bononos again]

What is the name of your state (only U.S. law)?
PA

Hello!

Here is the situation. I know PA is an "At-Will" work state, but, what if you are NOT told you have been suspended or fired for over 2 weeks!

There has not been given any reason for a termination. I called to get my schedule for my second part-time job. My last shift worked was August 2. My vacation was August 7-10. I normally only worked weekends, but a few evenings too. I called Aug 10 to get my schedule and was told I was not on it. I sent text messages to both the Manager who schedules and the GM. No responses. I repeated the text messages 2 days later. No response.

I call the restaurant and speak with the manager who writes the schedule on August 16. She says she was told not to schedule me. No reason given. I then again call the GM and leave a message. NO RESPONSE!

So, I am left here now hitting Monster and Craigslist for a new part time job when I could have started over two weeks ago. I still have yet to be told I am fired or suspended, I obviously just have to assume.

Even being an at-will state, can this be considered a wrongful termination since they have let me lose income for over 2 weeks now and have not formally suspended or fired me?

 

[mlane58]

Not even close. Since you are aware you are an at-will employee, the employer doesn't have to give you a reason and there isn't a law in PA that requires an employer to provide you with any notice.

 

[bononos again]

Not even close. Since you are aware you are an at-will employee, the employer doesn't have to give you a reason and there isn't a law in PA that requires an employer to provide you with any notice.

But, can they wait until AFTER they have decided to terminate you to tell you? 2 weeks after? I know no notice or reason needs to be given, but, after my many attempts to contact them, they should have told me I was fired. Technically, I still have yet to be told. As I stated. Because they had not told me in a proper timeframe, they caused me a loss of income for over two weeks. I actually have an exceptional chance at another job that I will speak with the owner tonight and she is a family friend. So, the job is almost a definate. If I had known I was fired when they didn't have me on the schedule and they had returned my calls, I could have spoken to her two weeks ago and had income all this time.

 

[pattytx]

Should you have been? Of course. Is there any law that was violated by them not specifically stating "you're fired"? No.

 

[cbg]

There is no state where the law requires that you be formally notified that you are being suspended/fired.

There are a couple of states where the law requires that you be sent information regarding unemployment if you are fired but PA is not one of those states, and that's as close to mandatory notification as it gets.

Your employer has been rude in not giving you formal notice. (Assuming that you are fired at all and not just off the schedule for a few weeks. )They have violated no laws; you have no legal recourse. I don't know how to make it any more clear than that.

 

[bononos again]

In addition: I am a very hard working single mother so two weeks without this income is very grave to my situation.
I have been employed there since 2005. I have never been written up for anything.
I have proof of the many attempts from me to contact them.

Can an employer simply NOT tell you that you are fired?
Can an employer simply avoid your calls and stop scheduling you?

Another issue to add, I was also a full-time employee for a company also owned by the owner of the restaurant. After 2 years with the company, I decided to resign. I gave over 2 weeks notice and assisted in training. My last day was August 6. So, I continued to work in the office for the same owner and see him every day.

The reasons for my resignation is my family and personal issues, the owner is well aware of this. I recently now received primary custody of my oldest son and he is having anger issues. He Dad was abusing drugs after 11 years of us cordially dealing with our son. My younger sons Father, who I already have had primary custody of was imprisioned during the same timeframe. Between court and counseling and trying to be there for the boys, I felt I could not handle the duties of my office job. I cannot understand why the owner would be upset withme given the circumstances and fire me from my other job.

 

[bononos again]

Should you have been? Of course. Is there any law that was violated by them not specifically stating "you're fired"? No.

They could have told me they weren't going to schedule me 2 weeks earlier. I don't care about the fired terminology.

 

[cbg]

Can an employer simply NOT tell you that you are fired? Yes.

Can an employer simply avoid your calls and stop scheduling you? Yes.

 

[bononos again]

There is no state where the law requires that you be formally notified that you are being suspended/fired.

There are a couple of states where the law requires that you be sent information regarding unemployment if you are fired but PA is not one of those states, and that's as close to mandatory notification as it gets.

Your employer has been rude in not giving you formal notice. (Assuming that you are fired at all and not just off the schedule for a few weeks. )They have violated no laws; you have no legal recourse. I don't know how to make it any more clear than that.

This is the problem. I DON'T KNOW! I am getting another job because I have to assume I am fired. I can't wait around.
They caused a 2 week loss of income. I think if i have no recourse, then PA needs a change! ASAP!
In my resignation letter from the offrice, I stated I wished to go back to the restaurant on a more full-time basis because I could eran more and vary my hours to suit the kids need better. He NEVER discussed any of this with me.

 

[bononos again]

Can an employer simply NOT tell you that you are fired? Yes.

Can an employer simply avoid your calls and stop scheduling you? Yes.

Could this be a discriminatory termination based on changes in my familial status?

This is a bar and restaurant. They already constructively made a pregnant girl quit this year by not scheduling her.

Also, an employer cannot legally terminate someone in retaliation to another action.

 

[cbg]

Family status is not a protected characteristic in PA.

The statement you have bolded and underlined is FAR too broad to be true. It is only true with regards to some actions.

 

[Antigone*]

bononos again,

I know this is truly upsetting for you and morally, things should have been differently. It didn't happen and there isn't anything you can do about it in a legal sense. In any case, there is no proof that you would have had income had they told you about your dismissal 2 weeks ago,

 

[bononos again]

Family status is not a protected characteristic in PA.

The statement you have bolded and underlined is FAR too broad to be true. It is only true with regards to some actions.

As per:
“PENNSYLVANIA HUMAN RELATIONS ACT
Act of 1955, P.L. 744, No. 222,
AS AMENDED JUNE 25, 1997 BY
ACT 34 OF 1997, 43 P.S. §§ 951-963

familial status is protected.

(a) The practice or policy of discrimination against individuals or groups by reason of their race, color, familial status, religious creed, ancestry, age, sex, national origin, handicap or disability...


Too broad? I resigned from one position at the owner company, then, immediately following was "not scheduled" at my other position at the other company owned by the same person?

 

[bononos again]

Thank you all for your help. I will continue on in my research. I don't mean to bicker!

 

[cbg]

If it were always illegal to retaliate against any action, then if you set fire to the supervisor's desk it would be illegal to fire you for it.

I understand that you desperately want this to be illegal in some way. Do you understand that it isn't?

PS - Everything I can find says that family status is protected with regards to housing, but not for employment purposes. That is the case in many states.