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Employment Law/Workplace Discrimination



My employer is outsourcing my job along with 5 others (3 white, 3 black & of the 6 of us, 5 of us are over 40 and 3 of us have been with the company for years (3 women, 3 men)! Now there are 7 of us in the dept., however a white woman, 30 was hired and they promoted her a lead/manager in December (worked co. less than a year) when they told the rest of us in December that they were outsourcing our jobs. Company policy states that you have to be in your position a year before you can apply or be promoted to another position.

Do we have a legal case because it seems that they only targeted us because of seniority, age and race. There are maybe 6 - 8 other black employees in my division. There are not black or minority managers in the entire company! The company wants us to sign a waiver of all our rights for a small severance package and my window is running out. I understand that you cannot give legal advice however please if you just point me in the right direction.


I would suggest you talk to an attorney. Many of them will give one free consultation. Many of them will also take the csse on consignment. If all of you went together to the same attorney you may be allowed to file a class action lawsuit, especially if you are all over 40. What a lawyer on consignment means is he does not get paid unless you get a settlement and than he gets a percentage of the settlement. If you find this type of lawyer he will fight for you because if you do not win the case he does not get paid.

Do not sign for a small settlement if the lawyer thinks you have a strong suit. If you or the others sign the paperwork the people that sign cannot sue.


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Shirley McAllister, CPP, PHR


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).


30 years in Payroll and Human Resources

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

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

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