wrongly fired

I was just fired from my job, the resaon was "selling company product for cash". But the company has a product life cycle policy that states you may eleminate the product once it reaches the last phase. I gave a customer the product for free, which I understand from the policy is OK. The customer wanted an invoice for his records with a price on it. I hand wrote the invoice with the price he needed for his records, and no money was exchanged. When they came to fire me I explained what had happened, they even called the customer and he confrimed what had happened. They then said I falsafied a document and fired me. Is there any recourse. I work in PA but the Company is based in Ohio

1 answer  |  asked Mar 3, 2005 4:30 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You most likely have no recourse, but might collect unemployment.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, unless you hvae a contract of employment, you are an 'employee at will' in Pennsylvania, and can be fired at any time for any reason, or for no reason. Whether you actually falsified the document is irrelvant to whether your employer can terminate you.

However, whether you falsified the document will impact your claim for unemployment benefits. If you were willfully disobedient, you may be denied unemployment compensation. I suspect your employer is upset because they may have to pay tax on the 'non-sale' of the documents due to the existence of the receipt. If you were aware of this issue prior to creating the receipt, you may be found to have been 'willfully disobedient.' If other employees have engaged in this behavior, or if you were not aware of the implications, then you may not be found 'wilfully disobedient,' and may be able to collect unemployment compensation.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Mar 4, 2005 07:03 AM [EST]

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