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Old 09-29-2006, 04:10 PM
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Default Fired for filing Labor Law Compliance complaint

Hello,

My Sister-In-Law was fired for bringing forth a wage-timeliness complaint against her employer to the Pennsylvania Labor Law Compliance department. The department contacted her employer (who has a very limited amount of employees). The complaint mentioned a full-time employee, which immediately told him who filed the complaint (as she is the only full-time employee). The next day, he questioned her on the complaint and fired her. He claims that she was fired for "theft", but no theft has taken place.

Is it illegal to fire a person for filing a complaint with Pennsylvania Labor & Industry? If it is, what can she do and what could she expect?

Thanks
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Old 09-29-2006, 04:15 PM
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Quote:
Originally Posted by JD82
Hello,

My Sister-In-Law was fired for bringing forth a wage-timeliness complaint against her employer to the Pennsylvania Labor Law Compliance department. The department contacted her employer (who has a very limited amount of employees). The complaint mentioned a full-time employee, which immediately told him who filed the complaint (as she is the only full-time employee). The next day, he questioned her on the complaint and fired her. He claims that she was fired for "theft", but no theft has taken place.

Is it illegal to fire a person for filing a complaint with Pennsylvania Labor & Industry? If it is, what can she do and what could she expect?

Thanks
There may be "retaliation" involved, which may be unlawful under PA law, especially with the trumped-up excuse of "theft." But, when you, or your sister-in-law, asked these questions to a representative of the PA Labor Law Compliance Department, what did they say?

Last edited by Westside Law : 09-29-2006 at 04:27 PM.
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Old 09-29-2006, 04:26 PM
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They agreed to pursue the situation and would contact the employer.
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Old 09-29-2006, 04:29 PM
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Quote:
Originally Posted by JD82
They agreed to pursue the situation and would contact the employer.
Okay, then how can we help you when you've got the "horse" talking to you? Write back when you have the results.
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Old 09-29-2006, 04:32 PM
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They contacted the employer about the claim that she was not getting her pay check. She was a regular full-time employee and she contacted them about not getting her pay on time. When the employer found out that she contacted L&I, he fired her the next day.

L&I was pursuing the late wages, but not the firing. What are her options at this point and is it illegal to fire someone because they filed a complaint with L&I? I'm really ignorant to this and I apologize if I'm not explaining this clear enough or if I'm not understanding your questions.
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Old 09-29-2006, 04:33 PM
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I misread your original question. She has not contacted L&I yet about the firing. They're closed now. I will make sure that she contacts them first thing on Monday.

Is there anything about retaliation in the PA labor laws?
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Old 09-29-2006, 04:40 PM
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Quote:
Originally Posted by JD82
I misread your original question. She has not contacted L&I yet about the firing. They're closed now. I will make sure that she contacts them first thing on Monday.

Is there anything about retaliation in the PA labor laws?

I'm not familiar with PA law. However, in my State, when someone has a "retaliation" complaint, and makes that complaint to the Labor Board, the Labor Board will investigate. If nothing comes of that investigation, then the Labor Board issues a "Right to Sue" letter to the complainant. If that's how PA works, then your sister-in-law can seek the advice of local counsel to determine whether a Civil Complaint can, and should, be filed against the employer.

Monday will be soon enough to call the PA Labor Board about this new situation.
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