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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12786
Experience:  Significant experience in all areas of employment law.
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A couple of months ago I was called into my bosses office to

Customer Question

A couple of months ago I was called into my bosses office to ask if when another employee gave me a call for advice and I advised them of their options. I was then suspended for 10 days then I was permitted to return to work with a 3rd level write up which meant one mistake in 6 months I would be fired. Now with that being said. The employee that called me got fired; the other employee who signed off on this issue got nothing at all. I accepted this as I need and love my job. Now I am suspended again because of a complaint from someone else awaiting investigation? Now the employee that received nothing at all has made yet another major mistake concerning narcotics and again nothing. What should I do?
Submitted: 12 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 12 months ago.

Hello and thank you for entrusting me to assist you. Are you in a union? What kind of employment is this?

Customer: replied 12 months ago.
No I am not in a union and I am a nurse
Expert:  Patrick, Esq. replied 12 months ago.

Thank you.

Unfortunately, barring union membership or some express agreement to the contrary, employment in the state of PA is presumed to be "at will." At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Since employees can be fired without a good reason and without regard to what is fair, the law does not regulate lesser forms of discipline any more strenuously. This means that your employer would be legally free to suspend you based on the facts you have described, even if other employees who have made mistakes did not receive similar discipline. Basically, the law does not govern these situations. Your employer has the discretion to manage operations as they see fit. Your only real power is the power of persuasion, which means tactfully and professionally rebutting the allegations that have been made against you in order to change your employer's opinion about the discipline. Beyond this, there unfortunately is not anything more you can do unless you suspect that you are being targeted specifically because of a legally protected trait or activity, as defined above.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: replied 12 months ago.
even though I feel I am being harassed there is nothing I can do?
Expert:  Patrick, Esq. replied 12 months ago.

Unfortunately, it is not illegal to "harass," or to be general rude, disrespectful or pushy. Harassment only becomes illegal when it relates to a legally protected trait, such as race or religion (i.e. yelling racial slurs) in which case it becomes actionable under our civil rights laws. Otherwise, though, being harassed does not give rise to any legal claims I am very sorry to say.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Expert:  Patrick, Esq. replied 12 months ago.

Are you still with me?