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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience:  Employment/Labor Law Litigation
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My daughter was terminated as a nurse at a hospital in Pennsylvania,

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My daughter was terminated as a nurse at a hospital in Pennsylvania, which is part of a nationwide chain. The reason she was terminated was because, as a traveling nurse, she was working over 50 hours a week and didn't get time to finish off all her paperwork. This was true of all 4 nurses and their supervisor. They were given time in the office to catch up on paperwork and did so but were terminated anyway. They were replaced with temps. Would they be eligible for UC and does the company have to pay them PTO which was a substantial amount of hours for some of them who had worked for the organization for years. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

On the issue of UC, she should be able to receive it. Termination based on performance, or rather alleged performance issues in this situation, do not rise to the level necessary to block unemployment. The employer would have to prove that she intentionally was not performing when she easily could. The fact that others were having the same issue with their time shows that she was just not able to meet their higher than appropriate standard.

Now, as for the PTO, everything will depend on the employer's policies concerning PTO. The Pennsylvania courts have held that PTO is only paid when the employer has some policy, hnadbook or offer letter (something in writing) stating that vacation is paid out at termination. So, she'll have to look to their policies and if she can't do that, she'll have to file a wage claim with the Department of Labor and Industry. You'll only win though if the employer has a written policy concerning paying out vacation at termination.

http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553573&mode=2
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15472
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 4 other Employment Law Specialists are ready to help you

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