CHAPTER 9-4700. WRONGFUL DISCHARGE FROM PARKING EMPLOYMENT 1389

 

Notes

1389
   Added, Bill No. 190315 (approved June 5, 2019), effective September 3, 2019.
§ 9-4701. Definitions.
   As used in this Chapter, the following terms have the following meanings:
   (1)   Agency. The term "Agency" shall mean such office as the Mayor shall designate to administer and enforce this Chapter.
   (2)   Bona fide economic reason. The term "bona fide economic reason" in connection with the discharge of parking employees means the full or partial closing of operations or technological or organizational changes to the business, resulting in a reduction in revenue or profit.
   (3)   Discharge. The term "discharge" means any cessation of employment, including termination, constructive discharge, layoff, reduction in hours and indefinite suspension.
   (4)   Parking employer. The term "parking employer" shall mean any individual, partnership, association, corporation or business trust or any person or group of persons, or a successor thereof, that employs one or more parking employees, including any such entity or person acting directly or indirectly in the interest of the employer in relation to the parking employee. More than one entity may be the parking employer if employment by one parking employer is not completely disassociated from employment by the other parking employer.
   (5)   Just cause discharge. The term "just cause discharge" means a discharge for a parking employee's failure to satisfactorily perform job duties or misconduct that is demonstrably and materially harmful to the parking employer's legitimate business interests.
   (6)   Parking employee. The term "parking employee" means any person employed on the premises of a public parking garage, public parking lot, or for a valet parking operator, as defined in The Philadelphia Code subsections 9-601(1)(a)(.1), (.2), and (.7), respectively.
   (7)   Progressive discipline. The term "progressive discipline" means a disciplinary system that provides for a graduated range of reasonable responses to a parking employee's failure to satisfactorily perform such employee's job duties or misconduct that is demonstrably and materially harmful to the parking employer's legitimate business interests, with the disciplinary measures ranging from mild to severe, depending on the frequency and degree of such failure or misconduct.
   (8)   Reduction in hours. The term "reduction in hours" means a reduction in a parking employee's hours of work that totals at least fifteen percent (15%) of the employee's weekly work schedule.
§ 9-4702. Prohibition of Wrongful Discharge.
   A parking employer shall not discharge a parking employee except for just cause or a bona fide economic reason.
§ 9-4703. Determination of Just Cause.
   (1)   In determining whether a parking employee has been discharged for just cause, the fact finder shall consider, in addition to any other relevant factors, whether:
      (a)   The parking employee violated the parking employer's policy, rule or practice;
      (b)   The parking employee knew or should have known of the parking employer's policy, rule or practice;
      (c)   The parking employer provided relevant and adequate training to the parking employee;
      (d)   The parking employer's policy, rule or practice was reasonable and applied consistently; and
      (e)   The parking employer undertook a fair and objective investigation prior to discharging the employee.
   (2)   A discharge shall not be considered based on just cause unless the parking employer has utilized progressive discipline; provided, however, that the parking employer may not rely on discipline issued more than one year before the purported just cause discharge as a step in progressive discipline.
   (3)   The parking employer shall promptly provide a written explanation to any discharged parking employee of the precise reasons for the just cause discharge. The fact finder may not consider any reasons not included in such written explanation.
   (4)   The parking employer shall bear the burden of proving just cause by a preponderance of non-hearsay evidence in any proceeding brought pursuant to this Chapter.
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