Legal Question in Employment Law in Pennsylvania

My boyfriend is a single parent of twin boys and the other day one of them got hurt at camp and the camp called his place of employment which was a grocery warehouse and they told the camp he went home. He was still at work., they never paged him or checked the system to see if he was still at work. The next day he went to work and told his boss he does not feel comfortable being on the floor without his cell phone in case something happens to his children and they said that is against policy we will page you and he said that is what you have said and yesterday that is not what happened. They said if you step on the floor with your phone you are fired or you can put it away and keep your job, he said I quit my children's safety is more important, do we have a case against the warehouse?


Asked on 12/28/12, 8:18 pm

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

He may have a viable claim for unemployment compensation but does not have any other type of claim. The employer can impose those restrictions and your boyfriend can choose to quit. The question is whether the single occurrence with regard to his child would constitute "necessitous and compelling reason to quit. If it does, the quit will not disqualfy him from UC benefits.

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Answered on 12/29/12, 6:45 am


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