AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question I was picked up for OUI charge 45 days ago. I continued to work for a sandwich shop. My boss put me inside working the counter and gave me a raise saying I was more valuable to him as an employee inside than delivering pizza. We had a discussion that I no longer wanted to deliver and he agreed. The next night he asked me to deliver again. I recalled our conversation and he said for me to go home. I left and went home. I went back to work the next day. Worked inside all day then in the evening he again said he wanted me to deliver. I recalled our agreement again, he again said go home. I did. I have repeatedly called him with no response. Texted him, no response. Now I find that a potential employer called there to speak to a coworker for a reference, he took the call, left the floor for over half an hour. I am concerned about what type of reference he could have given. My question, since he had just given me a raise, no written documentation in my file of any issues should this be an area of concern? If he gave any negative reference information on me is there any recourse on my part? He also never told me I was terminated, never gave me any paperwork for unemployment or handed me my check at my discharge. What are my rights?
Answer He can only give the truth in a reference. If he tells anything that is not the truth than he can be sued for slander.
You should go sign up for unemployment if you have not found a job. Papers for unemployment are not given. After you sign up for unemployment you state your reasons why you are unemployed and the employer receives a paper for his response. He responds why you are no longer employed for him and the Department of Labor makes a determination whether or not you are eligible to draw your unemployment. Each side has the right to appeal this decision and go before a board of appeals if it is not in their favor.
