Wrongfil Termination vs Pennsylvania At Will Policy

[convoy71]

This is happen during mid 1980's I think at local restaurant (not a corporate/chain restaurant). My wife and her mother worked in a local restaurant, she cut her hand badly enough for stitches. She did obtain a doctor's note restraining her from returning until it healed. However, the part owner of restaurant fired her for refusing to come to work. It was said he quoted he didnt care/ignored fact of doctor's note refraining from work.

Now years later, I told story to my restaurant managers,, they said PA is an "At-Will" Policy giving any employer the right to fire, no matter.

Does the At-Will Policy apply or does physical injury with a doctor's note supersede which would result as a wrongful termination.

 

[justalayman]

there is a difference between an on the job injury and an injury off the job. Regarding off the job injuries, there is no protection other than what is afforded by FMLA. Any protections for on the job injuries would be controlled by workers comp laws which I do not have much access to for PA.

there are usually some protections for a limited period of time so basically, the firing cannot be retaliatory.

 

[startedone]

1980's? Little bit late to do anything now.

 

[sandyclaus]

This is happen during mid 1980's I think at local restaurant (not a corporate/chain restaurant). My wife and her mother worked in a local restaurant, she cut her hand badly enough for stitches. She did obtain a doctor's note restraining her from returning until it healed. However, the part owner of restaurant fired her for refusing to come to work. It was said he quoted he didnt care/ignored fact of doctor's note refraining from work.

Now years later, I told story to my restaurant managers,, they said PA is an "At-Will" Policy giving any employer the right to fire, no matter.

Does the At-Will Policy apply or does physical injury with a doctor's note supersede which would result as a wrongful termination.

If the injury occurred on-the-job, there may have been protections inherent to Worker's Comp laws in force at the time. However, 30 years later, there isn't ANYTHING you can do about it now.

there is a difference between an on the job injury and an injury off the job. Regarding off the job injuries, there is no protection other than what is afforded by FMLA. Any protections for on the job injuries would be controlled by workers comp laws which I do not have much access to for PA.

there are usually some protections for a limited period of time so basically, the firing cannot be retaliatory.

If this occurred at work, then Worker's Comp rules and laws would have applied. FMLA was not established until 1993, so there would not have been any protection under that law in the 1980's.

 

[convoy71]

Sorry I did not fully explain the "reason" for the question. I/We are not looking for compensation SINCE THEN....She and I both called it an ILLEGAL FIRING. The employer refused to accept a doctor's note giving her time off for the injury. He immediately fired her even if she did not return when he schedule her (that was within a day or days) INJURY OR NO INJURY.

Did the At Will give policy give him the right to fire her (when he felt like it, ignoring the injury and doctor's note for time off) or did At Will even exist at the time?

 

[sandyclaus]

Sorry I did not fully explain the "reason" for the question. I/We are not looking for compensation SINCE THEN....She and I both called it an ILLEGAL FIRING. The employer refused to accept a doctor's note giving her time off for the injury. He immediately fired her even if she did not return when he schedule her (that was within a day or days) INJURY OR NO INJURY.

Did the At Will give policy give him the right to fire her (when he felt like it, ignoring the injury and doctor's note for time off) or did At Will even exist at the time?

You have also not answered the question as to whether or not this injury occurred on the job, and if so, whether or not a Worker's Comp claim was ever filed for the injury. If it did, and a claim was filed and underway when the firing occurred, then there could have been repercussions for terminating an injured employee.

If, however, the injury had nothing to do with work, then I'm pretty sure that YES, the "At-will" status would apply, and it would not be considered an illegal firing. If the employee was unable to do the work or be at work when needed/scheduled/required, the employer could choose to terminate their employment. It might have been unfair, but it wouldn't have been illegal.

I'm still not sure why you are even pressing the question, since it happened 30+ years ago. Even if there was something you could do about it back then, it would be WAY too late to do anything about it now. Are you trying to settle an argument or something, or do you just like beating this dead horse?

 

[convoy71]

Yes the injury occurred at work. I just ask my wife if paper work was filled out from employer for on the job injury. (Its so long ago, she does not remember). As I said we are not looking for compensation. But again what Im looking for is, did he have the right to fire her ONLY based on refusing to return to work due to injury and doctor giving her time off...It basically signals a mean employer, ignoring the matters.

 

[sandyclaus]

Yes the injury occurred at work. I just ask my wife if paper work was filled out from employer for on the job injury. (Its so long ago, she does not remember). As I said we are not looking for compensation. But again what Im looking for is, did he have the right to fire her ONLY based on refusing to return to work due to injury and doctor giving her time off...It basically signals a mean employer, ignoring the matters.

There are a lot of mean, nasty, uncaring, unfeeling employers out there. But if she never filed a Worker's Comp claim, then she had no protection of any kind. As mean as the employer might have been, it appears they were just exercising their right to fire an "at will" employee when they were vulnerable.

And as I keep saying... if you have no intention of seeking any kind of compensation, why do you insist on chasing down this issue now? What is your end goal here? There's nothing you can do about it. I don't get it.

 

[convoy71]

There is much more to the story of the owners (a couple-each a half owner, but were not married). He operated restaurant, she did financial. My wife does now remember the female half owner informed her medical bills would be taken care of due to workmen's comp, (but my wife was did not see paper work/forms). However when the male half owner called my wife when she was due back on schedule, my wife informed him of stitches, bandages and doctor's note being off work certain amount of time. He said if you did not return on (certain date) don't bother coming back.

I asked my wife, why didnt she contact female half owner and argue this. But that didnt happen. The business was not a nice place to work.

 

[swalsh411]

Well, now you know. But there is nothing anybody can do about it now no matter what happened.

 

[convoy71]

Nothing that can be done, however the restaurant recently suffered a fire. So we call it poetic justice. I want people to "ANSWER" for a crime, admit it to being wrong.

So what Im looking for is, WAS IT AN ILLEGAL FIRING. "I DONT CARE IF YOUR INJURED, SHOW UP OR YOUR FIRED."

Again Im not looking for compensation or confrontation. Just to know.

 

[cbg]

An employer cannot fire you BECAUSE you filed a workers comp claim.

But an employer can fire you because you are not available for work - even if the injury is job related. This does not apply while there is protected medical leave available, but as is already mentioned, FMLA did not exist at this time.

It's a long time back but I do not recall PA as having any laws granting any particular amount of protected medical leave for work related injuries, pre-FMLA.

So unless someone has evidence otherwise (and I'm not saying it's impossible) it would appear that it was not a wrongful term.

 

[swalsh411]

You cannot make anybody "answer" for this alleged crime, and it sounds like it wasn't a wrongful term anyway. It happened too long ago. What part of this don't you understand?

 

[eerelations]

Based on your posts, this appears to have been a legal termination. But even if it wasn't, there is nothing you can do about it now. Youy certainly don't have any legal means to get your wife's former employer to make an admission of guilt.

 

[convoy71]

From the replies, its apparent the absence FMLA gave him to legal right to fire. The ability to ignore bandages/stitches and doctor's note. Now they can't. I said before Im not going after anyone, I wanted an answer on legal means (thats what this forum is meant for).