Suspended Without Pay

[LAngley]

Hi, about 5 months ago my husband and I got into a fight and he was 302d and also charged criminally. He was taken to the hospital that we work for. After he was done with the psychiatric facility, he was told he could not come back to work but was not told that he was suspended. Our supervisor who is also a good friend put him in for vacation time so he would at least get paid while he was out until the court hearing. The hearing was continued 90 days so that my husband could complete anger management and drug/alcohol counseling. He completed everything an a deal was made that everything was dropped. My husband was scheduled to start work the following week and went in to talk to our boss. While there with him HR stated that thy would have to do an investigation or something like that before he could come back. He is supposed to go back tonight but was just told that he isn't allowed to work. Is this legal? They haven't exactly told him that he is suspended. They also blocked his unemployment after they said they wouldn't. Also we have been point with each other for the last 4 months and have had no problems. We work at the same department but on different shifts.  Should we contact a lawyer about this? I know you can't sue your employer in Pa but I don't know what else to do.

[Clifland]

Jessica - The situation you describe has a number of important facts not yet available, making this answer by definition incomplete.

It is always legal for an employer to fire an employee, unless by doing so they violate a law prohibiting discrimination against the individual for reasons of race, religion, national origin, etc.  Your husband's characteristics may or may not be relevant, and the company's treatment of him could be related to any of a number of factors.  

Employers are rightly concerned about the danger of violence in the workplace.  The most obvious reason for their refusal to allow him to return to work is your husband's criminal and substance abuse history.  However, you do not yet know the reason for their decisions.  

You really need to get an answer from the HR Department about their final plans for your husband's continued employment.  I do not recommend that he go to the office to ask for the information personally.  Rather, he should either send an email or write a letter asking them for a decision.  He should explain that he has to apply for his unemployment compensation benefits if he is out of a job, and that the delay is a hardship on his family.  

Feel free to write again when you find out the reason for the company's actions.  At that point you should have enough information to allow for a more specific answer.  However, Pennsylvania, like almost all states in the US, is an "at-will" employment state.  That translates as either party - employer or employee - can terminate the relationship at any time for any reason that is not a violation of the law.  That gives employers a lot of discretion in making hire/fire/promote decisions.

P.S. - It is not illegal to sue your employer in Pennsylvania.  You cannot sue for injuries that occur on the job, because the Workers Compensation fund has been substituted for private damages lawsuits.  Employers are sued for all sorts of reasons regularly.