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Termination while serving a court supeona

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M

maloney9062

Guest
State is Georgia.
My daughter was served a supenoa to appear in court in Connecticut in a case where she was the victim of a violent crime. Her employer in Georgia told her that she needed people that would be not be taking time off and did not care about the papers she was given from the CT States attorneys office. I have sent an email inquiry to the Georgia department of Labor but am wondering how else we should proceed with filing a complaint againist the employer.
 


rmet4nzkx

Senior Member
State Bar of Georgia ... a judicial proceeding in response to a subpoena, summons for ... Georgia has a "right to work" law which prohibits interference with employment to compel any ... http://www.gabar.org/emplpamp.asp

It is illegal to discharge or in any way penalize an employee because the employee is absent for the purposes of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order.

See Georgia Power Co. ... from work for being absent in order to attend a judicial proceeding pursuant to a subpoena); OCGA §§ 34-5 ... Return to Employment Law Bytes. ...
http://www.contilaw.com/decisions/Reilly v Alcan.HTM
FN8. E.g., OCGA § 34-1-3 34-1-3.
(a) It shall be unlawful for any employer or the agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee is absent from his or her employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the attendance of the employee at the judicial proceeding. It shall be unlawful for any employer or the agent of such employer to threaten to take or communicate an intention of taking any action declared to be unlawful by this subsection.
(b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured employee for all actual damages thereby suffered by the employee and for reasonable attorneýs fees incurred by the employee in asserting a successful claim under this Code section.
(c) This Code section shall not apply to an employee who is charged with a crime, nor shall it prohibit an employer from requiring an employee to abide by regulations requiring reasonable notification to an employer of the employeés expected absence or delay in reporting to work in order to attend a judicial proceeding.
(providing a civil remedy for an employee who is discharged from work for being absent in order to attend a judicial proceeding pursuant to a subpoena); OCGA §§ 34-5-3 34-5-3.
(a) No employer having employees subject to any provisions of this chapter shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work in jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions, except where such payment is made pursuant to (1) a seniority system, (2) a merit system, (3) a system which measures earnings by quantity or quality of production, or (4) a differential based on any other factor other than sex. An employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with this subsection, reduce the wage rate of any employee.
(b) It shall also be unlawful for any person to cause or attempt to cause an employer to discriminate against any employee in violation of this chapter.
(c) It shall be unlawful for any person to discharge or in any other manner discriminate against any employee covered by this chapter because such employee has made a complaint to his employer or any other person or has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceedings. Any person who violates any provision of this Code section shall, upon conviction thereof, be punished by a fine not to exceed $100.00.
and 34-5-5 34-5-5.
(a) Any employer who violates Code Section 34-5-3 shall be liable to the employee affected in the amount of his unpaid wages. An action to recover such liability may be maintained in any court of competent jurisdiction by the aggrieved employee. The court in such action shall, in cases of violation, in addition to any judgment awarded to plaintiff, allow costs of the action and a reasonable attorneýs fee not to exceed 25 percent of the judgment to be paid by the defendant.
(b) Court action under this Code section may be commenced no later than one year after the cause of action accrues.
(§ 34-5-3 specifies a criminal penalty for wage discrimination on the basis of gender while s 34-5-5 specifies a civil remedy for such conduct).
 

cbg

I'm a Northern Girl
rmet4nkx: while I do not disagree with your ultimate conclusion (i.e. that the behavior of the poster's daughter's boss is illegal); nor with your contention that GA is a right-to-work state (it is); I think you need to revisit your definition. Right to work has nothing whatsoever to do with the situation described; it means solely that an employee cannot be forced to join a union in order to get work.
 

rmet4nzkx

Senior Member
That was a direct quote from the State Bar of Georgia site as shown by the link. You are right about unions at the same time it is covered in the case law and statutes which were also direct quotes if you want to get picky.

At the same time it is covered by USC

TITLE 18 > PART I > CHAPTER 73 > Sec. 1513.
Sec. 1513. - Retaliating against a witness, victim, or an informant
(a)
(1) Whoever kills or attempts to kill another person with intent to retaliate against any person for -
(A) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(B) providing to a law enforcement officer any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings,

shall be punished as provided in paragraph (2).

(2) The punishment for an offense under this subsection is -
(A)in the case of a killing, the punishment provided in sections 1111 and 1112; and
(B)in the case of an attempt, imprisonment for not more than 20 years.
(b)Whoever knowingly engages in any conduct and thereby causes bodily injury to another person or damages the tangible property of another person, or threatens to do so, with intent to retaliate against any person for -
(1) the attendance of a witness or party at an official proceeding, or any testimony given or any record, document, or other object produced by a witness in an official proceeding; or
(2) any information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings given by a person to a law enforcement officer;
or attempts to do so, shall be fined under this title or imprisoned not more than ten years, or both.

(c) If the retaliation occurred because of attendance at or testimony in a criminal case, the maximum term of imprisonment which may be imposed for the offense under this section shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

(d) There is extraterritorial Federal jurisdiction over an offense under this section
 

rmet4nzkx

Senior Member
Sorry I just got back
The first post was all direct quote, not opinion and even the State refers to the same text from the Georgia State Bar.
If you want to get picky, not only is it against Georgia state law it is also against ferderal statutes 18 usc 1513 remember the subpoena was from another state, you cannot retaliate against a witness, victim, or an informant, termination is retaliation.
 

cbg

I'm a Northern Girl
No one is arguing that. We both agree that the action taken by the employer is illegal. ALL I am saying is that it has nothing to do with the right-to-work laws. It would be illegal if the state were NOT right-to-work. Right-to-work relates solely to union activity and has nothing whatsoever to do with the question at hand.
 

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