How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19780
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I have an employee that wrote in an email to another

Customer Question

I have an employee that wrote in an email to another employee "it was all I could to not punch her." The employee she was writing about saw what she wrote looking over her shoulder. The situation in the front office is becoming volatile. Does this constitute a threat or cause for dismissal?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information and your question. If you are asking if this statement alone would be support for a "for cause" termination for purposes of unemployment benefits, then the answer is no, not likely. But, if there are other facts that support a direct confrontation initiated by this employee against another employee that was likely to result in physical violence, then that might be enough to support a for "cause" termination resulting in denial of UI benefits. Ultimately, it would be up the the State UI Commission to make that decision after hearing all of the evidence by all parties.

I couched this in terms of UI compensation, because there is no general requirement that there be "cause" to terminate in PA. As you may know, PA, like most states is an employment "at will" state. That, in turn, means an employer may terminate an employee for any, or no, reason and with no notice or warning unless doing so would violate a contract, company policy or is motivated by unlawful discriminatory intent. So, unless the situation falls within one of the exceptions I mentioned, there need be no cause for termination. But again, UI compensation issues are decided differently and could have a different result.

Please feel free to ask for clarification. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 21st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Related Employment Law Questions