What can we do if my son may have been fired unlawfully?

He was let go because he has 3 sips of a beer while picking up lunch with a friend. He’s a salaried employee but does have a right to a lunch break. He was not driving, his co-worker was. He does not drive or operate any company vehicles. he was not on the property when he had the beer. And he certainly was not intoxicated. He was not given any form of sobriety test, he was sent home. There is a drug and alcohol rule in our employee hand book, none of which issues are mentioned. The total opposite. He was not consuming on company property, he was not driving at all that alone a company vehicle and he was not intoxicated. Was he unlawfully discharged?

Asked on April 10, 2017 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless your son's discharge violated the terms of an employment contract or union agreement, or in some way constituted actionable discrimination, it was legal. The fact is that most employment is "at will", which means that a company can set the conditions of work much as it sees fit. Accordingly, a worker can be fired for any reason or no reason at all, with or without notice.


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