Can I be fired on accusationswith no proof?
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Can I be fired on accusationswith no proof?
I am the laundry supervisor and a large hotel. I work closely with the housekeeping staff and was asked by some of the housekeepers to open doors and check if rooms were empty so they could clean them. I unlocked 3 doors, poked my head in, never entered the rooms and told the ladies the rooms were empty. Tip money was missing from the rooms and I was fired. Nothing in the termination papers said I took the money just that my key opened the doors. I had been employed for 2 years prior to this incident and have an excellent work record. Can a lawyer get me my vacation pay and pay for the time I was suspended?
Asked on August 20, 2011 Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If you did not have an employment contract, you were an employee at will. An employee at will may be fired at any time, for any reason. So you may in fact be fired on accusations with no proof, since no evidence, cause, etc. is actually required to terminate you, unfortunately.
Note that if you had a contract or employment agreement, including union or collective bargaining agreement, it's terms in regard to termination, discipline, etc. should be honored.
2) It's doubtful you can get pay for the time you were suspended if you were an employee at will; they may not only be terminated at will, but may also be disciplined or suspended at will.
3) As to vacation pay on your termination, PA itself does not require it. If the policy of your employer is to pay vacation pay on termination, then it must do so--it has to be even-handed and can't exclude you while paying others. But if it's policy is to not pay vacation pay on termination, it does have to do so.
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