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Questions Answered by Jonathan C. Puth
1 Answer | Asked in Employment Law and Civil Rights for Maryland on
Q: Can I still file with the eeoc if I passed the 180 day limit to file with the mchr (Maryland)

I was under the impression that filing with my employers (county gov.) eeo office was the same as filing with the Mchr. Filed with employers office and filed with MCHR after 6 month deadline(missed by a few days)

Jonathan C. Puth
Jonathan C. Puth answered on Jan 23, 2018

Yes, you have 300 days to file with the EEOC in Maryland, where there is a state deferral agency. If you are referring to Montgomery County office of human rights you should also be timely.

By the way, if you're late with a filing it doesn't matter usually if it's one day...
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2 Answers | Asked in Employment Law for Maryland on
Q: I am 14 years old. Work at a tutoring place in Maryland. I make 9 an hour (which is less than the state minimum wage)

And everyone else at my job who is around my age and around the same amount of time I’ve worked there make 9.55 (which is above minimum wage). I asked my manager and she said it’s fireable to talk about wages. I looked it up and she was wrong. But she doesn’t want to give me 9.55 like... Read more »

Jonathan C. Puth
Jonathan C. Puth answered on Jan 14, 2018

Your employer may not be required to pay you minimum wage because of your age and the nature of the work. The state Department of Labor that administers the minimum wage indicates that workers under 16 working less than 20 hours a week. https://www.dllr.state.md.us/labor/wages/wagehrfacts.shtml... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Can I be denied a chair at work at 37 weeks pregnant although I've provided a doctor's note stating I'm pregnant?

I was told by management that I need to provide another doctors note stating that I require the use of a chair. I work full time in retail at DSW and I'm always on my feet. Not to mention I don't always get my breaks.

Jonathan C. Puth
Jonathan C. Puth answered on Jan 8, 2018

You should follow your employer's direction to provide a medical basis for your request for a chair. Accommodations for pregnancy may be covered by the Pregnancy Discrimination Act and the Americans with Disabilities Act, but your employer does have a right to seek medical support for your... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Need a week off for surgery. Have no accrued PTO left. Employer says I'm not allowed to take unpaid time off.

I had a bad 2017 and was absent from work several times. Used up my accrued time off. Now I find out I need surgery very soon (not related to my previous time off). Painful tumors in my uterus. I am hourly for a small medical office. Employer says I am not allowed to take unpaid time off. If this... Read more »

Jonathan C. Puth
Jonathan C. Puth answered on Dec 30, 2017

Because you have a serious health condition you should be covered by the federal Family & Medical Leave Act (FMLA), but that requires that your employer have 50 employees within 75 miles of the worksite. If there are not 50 employees but there are at least 15 employees, the Maryland state FMLA... Read more »

1 Answer | Asked in Sexual Harassment for Virginia on
Q: I was sexually harassed at work. What can I do?

It was by multiple employees. I contacted my bosses and upper managment. No one would help. I was forced out of a job and income. This happened over a few months ago but due to emotional distress and my safety I could not do anything. Also when I tried I was given no options.

Jonathan C. Puth
Jonathan C. Puth answered on Dec 23, 2017

The best thing to do would be to discuss it with an experienced employment attorney. You may contact me at jputh@correiaputh.com. Other lawyers who regularly represent employees are listed at www.mwela.org. I recommend you act promptly to ensure that any possible legal claims are preserved, as... Read more »

2 Answers | Asked in Employment Law for District of Columbia on
Q: Hello, I am a deli owner and one of my employee sued me for minimum wage and overtime.

she wants us to pay $10000 for it.

However, there was an agreement on the amount of her wage because our employee wanted the paycheck in cash. We do have the recording of it, and I just wanted to know if there is anything we could do in defense.

Jonathan C. Puth
Jonathan C. Puth answered on Dec 22, 2017

An employer may not get out of legal requirements to pay minimum wage and overtime by agreement with employees.

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1 Answer | Asked in Employment Discrimination, Personal Injury and Libel & Slander for Maryland on
Q: Can I sue a company because it is retaliating against me by providing lies to future prospective employers?

Only because I left the company without giving notice, because I couldn't tolerate disparaging statements against my ethnicity?

Jonathan C. Puth
Jonathan C. Puth answered on Jun 27, 2017

If you complained of discrimination or harassment based on your ethnicity, yes, your employer may be held liable for retaliation if that's what motivated them to do so. The Supreme Court decided that issue in Robinson v. Shell Oil Co., 519 U.S. 337 (1997).

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