2. She came on the morning of July 21st with an HVAC tech. The HVAC tech told her there was a problem, but I don't know the full extent. All she told me was the coils needed to be replaced, because the unit is 25 years old that was impossible so I assume she was told... Read more »
It depends. Proximity in time to the employee's protected activity is one factor a court may consider- though generally insufficient by itself. In simple terms, the question is really whether the adverse employment action (new PIP/demotion) was justified by the facts- or was motivated by...Read more »
Speculating without context that might make a difference- the phrase appears to simply say that the contracting party will not agree to an increase in price for newly renewed contracts (but might renew the contract at the same "contract value" for another fiscal year).
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 »
Depending on all the facts and circumstances, an argument could possibly be made that the employer is retaliating against you for asking for anticipated foreseeable FMLA/maternity/Maryland leave (even if you might not yet be eligible at the time of the request). However, the pandemic and layoffs...Read more »
on my day off I received a termination letter from Amazon stating that the reason for termination is I executed a confidentiality and invention assignment agreement. What does this even mean? I am so confused right now.
To speculate, given the lack of facts- perhaps the company is alleging a violation of their confidentiality agreement, rather than alleging that you signed one with another company. It might be advisable to discuss with a labor/employment attorney.
My employer doesn't take good percoution to keep our employees safe from Corvid-19 and I'm living with someone who is high risk if I get sick from Covid-19 and I wish to quit because of it. The condition of the essential store I work in hasn't been safe to begin with and has effected... Read more »
In normal times, in order to voluntarily resign employment and be eligible for unemployment benefits under Maryland law, an employee has to show the resignation was either: 1. for a "good cause" or, 2. resulting from a detrimental "valid" [change of] work circumstances. So now...Read more »
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 »
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 »
To add on to Mr. Oakley's good answer, in a malicious prosecution action, the fact that the criminal charges were dismissed by the prosecutor (nolo prosequi) does not give the plaintiff the benefit of a legal presumption that there was no probable cause for the former employer to...Read more »
I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »
The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe...Read more »
I gave my job my notice of resignation due to enlisting in the US ARMY. I just found out that my ship out date was pushed out to at least May 19 due to the coronavirus. I was only able to give them a one week notice due to the original date being 3/24/20. When I tried to ask if I could back to work... Read more »
On the limited facts given, USERRA would seem to apply to this situation, and might protect the right to reinstatement following the change in ship out date. However, you'd need to discuss all the facts and circumstances with an attorney. It might be a situation where hiring an attorney to...Read more »
Depends on what sort of motion. Most "motions" are ruled on by judges by applying the law and facts to whatever it is the party is requesting the judge to do. If the "motion" is something like a timely filed notice of appeal, then there would generally be no discretion to...Read more »
It depends on all the facts and the lease (whether written or not). It might be properly a wrongful detainer, or tenant holding over, or breach of lease, or failure to pay rent- all are theoretically possible under the limited facts in the question.
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 »
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 »
I’m looking for a MD attorney who specializes in small business health club services and non/compliance to Maryland Code Commercial Law Title 14 - Miscellaneous Consumer Protection Provisions Subtitle 12B - Health Club Services.
You might be searching in vain for an attorney who specializes in that narrow of a field. However, it seems like the type of question that could be answered by any attorney capable of interpreting the statute sections and any applicable regulations and applying them to your situation.
I work for arbys. The law was passed in 2018 it states for an employer with 15 or more employees they owe 1 hour of paid sick time for every 30 hours. I said something to my area supervisor he said since we only have 10 employees at my store it doesn’t affect us
The Maryland Healthy Working Families Act (aka Sick and Safe Leave) is a vague about whether franchises of the same restaurant chain would be counted together as the same employer for purposes of the 15 employee threshold. However, it is clear that if the national chain is properly the...Read more »
That happened in September 2016 while I was out of state. He also broke a lease of farmland depriving me of 11 acres and my 4 acre vineyard (20 yr lease start 2011). Estimated annual income from wines at $7,000,000 conservatively.
Given the amount of time that has passed, it is possible that your potential complaint might be barred by the statute of limitations. You'd need to discuss all the facts and circumstances with an attorney, including the issue of when you discovered the problem(s).
I’d like to add tipping to a service based diy art studio, but want to make sure it is fair to my whole staff. Staff help customers and potentially earn tips and do backroom work to finish customer creations.
Everyone is paid at or above state minimum wage, and I won’t be taking a tip... Read more »
Unfortunately, there is no clear definition of supervisor or manager in the 2018 amendment to the Fair Labor Standards Act (FLSA). Nor is there guidance on how an employer should handle a situation where a "manager" does not always act in that capacity. There are policies and practices...Read more »
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?
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 »
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