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Can a employee sue me for automatically firing her ?

1 Answers. Asked on Jun 13th, 2017 on Labor and Employment - Pennsylvania
More details to this question:
Two employees witnessed her being physically abusive to a child in her classroom. They came to me about it and also told me other some other times things happened before but they didn't say anything until now because they seen her being mean verbally and physically more often . I also have a statement in the employee handbook the it is grounds for automatically being terminated if there is abusive behavior toward the children . Now she is saying she is going to sue me . She has not signed the paper that I wrote up on her termination. Can she sue me ?
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Answered on Jun 13th, 2017 at 2:10 PM

My pat answer to this is "anyone can sue anyone".  There is nothing to stop someone from filing a lawsuit.  If filed, you'll have to defend.  Maybe the case is so scurrilous that you'll be able to get the court to award you sanctions but that's rare.  People make threats all the time and often don't follow up on them.  Just make sure that you're doing everything you are supposed to do when terminating an employee so as to reduce the chances that she has a legit claim against you.  If you're not certain what you should be doing, I'd advise consulting with an attorney to get specific advice. Probably money well-spent if it helps you avoid defending a suit. 

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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