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Maryland Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my former employer prohibit me from talking to current employees?

I quit do to family issue. It was abrupt and I sent out a message to apologize for my sudden departure. A GM I trained reached out to me and asked for advice. I told them my advice and some other things they should be mindful of. Today my DO who had not said a world to me when I left due to family... Read more »

Mark Oakley
Mark Oakley
answered on May 14, 2022

He can send you texts, letters and talk to whomever he wants. You can do the same. Unless you signed an NDA, the only thing to worry about is a defamation suit--and the truth of what you say is a complete defense to a defamation claim. If you signed an NDA, have a lawyer review it to determine... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: As an Ex-employee Can I receive a no trespassing order from the business with no stated reason?

I left my job due to unsafe conditions of bugs , and trespassers coming at night. Now my ex employer is signing a no trespassing order on me and I don’t have a reason stated why

Scott Scherr
Scott Scherr
answered on Apr 27, 2023

Your employer does not need to give you a reason. Anyone can issue a no trespassing order for any reason. It is their property. You should stay off their property.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my employer keep my entire check for repair costs of a company vehicle?

I’m a full time non CDL driver. On 6/1/22 I was cut off going through a toll booth and ended up damaging the side mirror of the company truck I was operating. On 6/3/22 I contacted dispatch asking if I was on schedule for the day. I was. I also got paid this day and they deducted $50.00 from my... Read more »

Mark Oakley
Mark Oakley
answered on Jun 11, 2022

Go to his site, and follow the procedure for filing a claim/comlaint:

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml

Alternatively, you can try to find an employment lawyer who would be willing to file something for you.

1 Answer | Asked in Employment Discrimination for Maryland on
Q: Can an employer ask an employee for a writing sample BEFORE they apply to an internal job when not a requirement in JD?

An AA employee inquired with management about an open internal position they were thinking about applying for. Management told employee to send a writing sample by replying to 2 questions they sent employee via email, and it would be reviewed by manager and Team lead and they would follow up with... Read more »

Mark Oakley
Mark Oakley
answered on Mar 10, 2022

I assume your employer already knows your race, so it would hardly be necessary for them to require a writing sample to identify you as an African American based upon your English language usage, if they have a racist intent to discriminate against you for being AA. While calling the recent... Read more »

1 Answer | Asked in Employment Discrimination for Maryland on
Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?
Mark Oakley
Mark Oakley
answered on May 6, 2021

Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can a job terminate you for an invalid reason, retract the termination & offer you a different position at a lower rate?

My termination was retaliation due to complaints of discrimination & inappropriate touching against my peers. I challenged the termination & they tried to force me to take a lesser position. I have no previous work performance issues. The HR department is refusing to allow me access to my... Read more »

Eydie R. Glassman
Eydie R. Glassman
answered on Apr 27, 2021

You should find an employment lawyer in your state to see if you have claims for discrimination and retaliation. You would also have a claim for the company denying you access to your personnel file. They m ay attempt to dispute your unemployment benefits so it is good that you have both letters... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: I was terminated from a bus operator position in Montgomery County Maryland for a background check.

I was informed that I was terminated by the hr department because their investigator said not to proceed and that they could not disclose anything further that I would have to talk to the investigator. The investigator will not respond to me me after several attempts to contact him. I can... Read more »

Andrellos Mitchell
Andrellos Mitchell
answered on Feb 10, 2021

So, hire a lawyer and go meet with the investigator or do a 3-way on the telephone with your lawyer and the investigator. How are you going to move forward if you don't know why you were terminated? First things first.

Q: I was denied employment due to CBD oil usage for insomnia. The product label DID NOT state the possibility of THC.

I was using CBD oil from a large retail store (Vitamin Shoppe) for insomnia. The label on the bottle or packaging DID NOT state the possibility of positive THC in drug tests, thus made me think I was safe in using the product. My drug test came back positive for THC and was denied employment even... Read more »

Mark Oakley
Mark Oakley
answered on Jan 12, 2021

CBD oil and other hemp-based products are not yet regulated by the FDA, and the 50 states all have 50 different regulatory schemes for this product. In short, there is little legal requirements regarding listing ingredients and THC concentrations. Legal hemp, as opposed to illegal or regulated... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: best place to find pro bono attorney for federal wrongful termination representative

against dept of Navy

Mark Oakley
Mark Oakley
answered on Jan 5, 2021

Lawyers who handle federal employment discrimination and wrongful termination cases usually do so on a contingency fee basis, meaning you pay no money up front, and the lawyer receives a percentage of the recovery if there is one, or an award of fees under the relevant statute (if any), and no fee... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: I am an African American male , that has been dealing with haraasment, retaliation n more from my work place.

When I reported it to HR not once but twice I was told that He was within his right as a manager to do that. They never took what I report serious as a result I was fired n refused to resign. I believe the is a serious cover up between HR and this adminstration n department. Im in the Baltimore, MD... Read more »

Andrellos Mitchell
Andrellos Mitchell
answered on Oct 1, 2020

Well, you didn't pose a question so there is no answer necessary. However, if you felt your rights were being violated why didn't you file an EEOC Complaint? You may still be able to. Your facts were so thin, it's impossible to tell what your rights may be.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert
answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell
answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
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1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: I was doused with hydraulic fluid and diesel fuel while at work. My manager didn't report the incident and I became Ill

After constantly asking my manager to why he didn't report the incident he tells me if I report it I would lose my job..I reported it to regional manager, HR, then the safety coordinator. And filed a workmans compensation claim. What other lawsuits can I file

Mark Oakley
Mark Oakley
answered on May 26, 2020

Unless there is a third party liable for the accident that resulted in your being doused with hazardous chemicals, e.g., the negligence or product liability of some person or company who is not your employer, then you are limited to workers' compensation for your personal injuries and lost... Read more »

Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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2 Answers | Asked in Employment Discrimination for Maryland on
Q: I am looking for resources with assembling my motion for summary judgment in an discrimination EEO case.

Free software or a template because I am self represented

J. D. A.
J. D. A.
answered on Apr 15, 2020

Searching online for examples of summary judgment motions is more likely to be helpful than looking for templates or software. But that is no substitute for legal advice based on the facts of the case and knowledge of the law. Many attorneys in this area of the law would give a free consultation-... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Is it unlawful for an employer to provide a false reason for placing an employee on administrative leave?

On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... Read more »

J. D. A.
J. D. A.
answered on Mar 31, 2020

It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of... Read more »

1 Answer | Asked in Employment Discrimination, Personal Injury and Sexual Harassment for Maryland on
Q: fired for mistakenly putting on a another person coat simerlar to mine. happen after expressing sexual harassment issue

coat was put on to do a task outside. our simerler coats were hung side by side. not sure if this sounds sensible but to me im still dumbfounded they used this as the reason the get rid of the problem. which all I wanted was the sexural harassment issues to be known so I didnt have to feel... Read more »

J. D. A.
J. D. A.
answered on Mar 10, 2020

Sexual harassment claims (as well as retaliation/wrongful termination claims based on employee complaints about harassment) are very fact-specific and require detailed analysis of the applicable law. There are strict deadlines for filing charges with the EEOC/MCCR, so you should discuss soon with... Read more »

1 Answer | Asked in Employment Law, Election Law and Employment Discrimination for Maryland on
Q: I interviewed for a position that is a step above my current job. The woman that was hired has no experience

She is the president of the Board and as such was the appointing authority for the director who conducted the interviews. There is a close personal relationship between the two. Do I have any recourse?

J. D. A.
J. D. A.
answered on Jan 29, 2020

There isn't generally a civil cause of action for nepotism or conflict of interest for an aggrieved employee. Depending on who the employer is, there might be an internal grievance procedure. Or, if it can be established that there was discrimination against the employee on the basis of a... Read more »

1 Answer | Asked in Employment Discrimination for Maryland on
Q: How can I sue my employment for firing me for being on bed rest because I was pregnant

And how much is it gonna cost me to get a lawyer and how do I get the lawsuit filed

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 26, 2019

You may wish to sit down and speak with an employment lawyer. Depending on the size of the employer and how long you worked there, laws like the Family Medical Leave Act (FMLA) and laws preventing discrimination on basis of pregnancy may apply. An employment lawyer should be able to tell you... Read more »

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