Can I get unemployment if the terms of my employment are not being honored andI am let go?

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Can I get unemployment if the terms of my employment are not being honored andI am let go?

A friend’s husband is a neurologist. He needed a tech for awhile, so he called me. He offered me a nice rate and a flexible schedule with the understanding that my kids are priority and scheduling needs would be worked around them. Starting in 7/09, I went almost daily for 3 months to train. In 10/09, I went on the books and started getting paid. I did paperwork, received my employee handbook, etc. All was part of agreement I made with the physician. HR feels differently. In the past year I missed 7 days for my,my children’s illnesses, surgeries, and/or doctor’s visits. I was written up and had to sign it. HRquoted the handbook “physicians can’t make employment arrangements” and 1 more absence and I will be fired. My deal was 3 months before getting handbook.

Asked on September 20, 2010 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would see an employment attorney in your area.  Although employee handbooks can be seen in some states as a "contract" as between parties, in other states that is not the case.  Additionally, the arrangement you made with your friend's husband needs to be considered in light of his arrangement with whatever the "group" here is that has the HR department.  What I mean is, can he hire himself?  Apparently he did.  So HR did not get involved with that, did they?  The lines here seem a bit blurred and I would want to discuss them within a reading of the handbook and the law in the state.  I would, in the meantime, file for unemployment benefits.  Good luck.


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