Is it legal for employer to fill my position while I am under investigation for child abuse?

UPDATED: Sep 30, 2022

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Is it legal for employer to fill my position while I am under investigation for child abuse?

I smacked my daughters mouth and it
resulted in a bruise. Her school
reported it to the child line as abuse.
My employer I work for a school
district as a lunchlady was informed.
I was told on June 2nd I could not be
around children until the matter was
cleared up. On June 6th, the case was
closed as unfounded. I called my
manager to let them know, and was told
my position was filled and I could be
put on the sub list. Meaning I would
only work if someone called off,
instead of having the 30hrs a week my
position was. Is that legal for them
to do?

Asked on June 7, 2016 under Employment Labor Law, Pennsylvania


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

Answered 6 years ago | Contributor

Most employment is what is known as "at will". This means that a company can set the conditions of work must as it sees fit. This includes when and why to fire an employee. In fact, an employer can terminate a worker for any reason or no reason at all. This is true so long as such an action does not violate the terms of a union agreement, employment contract or even company policy. Also, this treatment must not constitute some form of legally actionable discrimination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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