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Employment Law/At Will Employment

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Question
Hello,

I wanted to inquire about employment rights associated with employment at-will. As business consultant, I was employed on a government project and was selected for extended jury duty. Immediately following the completion of jury duty, I was dropped from the project (thus not earning billable hours).

Could I be subject to discrimination? I'm also concerned because an associate of the Human Resources department requested a meeting. I have never heard of this individual and it seems that ever since a manager wrote a defamatory interim performance review (rating of 3/5) I have been deselected for any project opportunities. Please note, there are several work streams with needs for consultants and the company hired an additional 25 employees.

Thanks,
Paul

Answer
Jury duty should not play a part in company performance as it is mandatory and most companies recognize this. You cannot be harrassed because you are on Jury duty.

In order to fild a complaint for discrimination with the Deparmtent of Labor it must be on the grounds of Race, Age, Nationality, Skin Color, gender, or sexual orientation.

You can file a complaint of Harassment if you are harrassed because of your Jury Duty. You would call the Department of Labor for this.

Shirley

Employment Law

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Shirley 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

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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