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My 24 y/o daughter was just fired from here full time nanny…

My 24 y/o daughter...

My 24 y/o daughter was just fired from here full time nanny position today. No reason was given by the mother other than "it's just not working out." Does she have the right to collect unemployment benefits in Pennsylvania? She was employed full time by this family since August of 2017.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No. Her employer was a private family, but they withheld taxes for her. I don't know if they had a contract in writing.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Its my daughter, and my assumption is that she was an "at will" employee. there was no union involvement.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm waiting to get more information from her, like her salary arrangement and exact starting date of her employment. I do have her 2017 w-2 form for this employer.

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Answered in 6 minutes by:
4/29/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,397
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Technically, she should be able to apply for unemployment benefits. I cannot say whether she will receive them or be denied as that can be a very fact specific decision, but there is no reason she could not apply to see if she qualifies or they will grant her some level of unemployment benefits. If the family was withholding and paying taxes, there is a good chance they also complied with any applicable Pennsylvania unemployment requirements. The taxes withheld and paid to Pennsylvania include money that goes into the state's unemployment fund; so there is a good chance your daughter could qualify for benefits. And, you are correct, with no union and assuming no written contract that promised your daughter employment for a set period of time, she was an at will employee and could be terminated at any time for any reason or no reason as long as the reason was not unlawful (e.g., discrimination).

This link does a pretty good job of summarizing the laws governing those who employ in home nannies and might be helpful: https://www.care.com/homepay/resource-center/requirements-by-state/pennsylvania

I hope this information helps. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,397
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you. I will pursue the information with my daughter.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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