I was on the last stage of disciplinary action, my wife had an out patient procedure and the next morning she started hemorrhaging badly. I called my supervisor and told him that I have a family emergency and I would need a to be out with his permission given the position that I was . He said OK... Read more »
Possibly- it depends on all the facts and circumstances, but the employer's action could be a violation of FMLA or the MD Sick/Safe Leave law. Employees faced with an unforeseeable medical emergency generally only have to give notice as soon as is practicable under the circumstances. But...Read more »
Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... Read more »
You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had...Read more »
The employee came to work and because time clock would not accept his punch in, he smashed the screen. The time clock did not work afterwards. He was disciplined and received a written counselling for his actions and made pay restitution for damages. Now they come up with a cost to replace the... Read more »
The general rule is that actual damages are all that can be recovered- a fancy upgrade to a piece of equipment might not be in that category. But additionally, there are separate Maryland and federal laws regarding withholding pay from an employee (as opposed to demanding they pay).
A little over 6 years ago Oct 2013 I was humiliated by an instructor at work in front of a group of people. It was unbelievable and malicious. (Additional details usually result in people being aghast and shake their head in unbelief.) At the time I did not realize I suffered a mental health injury... Read more »
Most likely, if the employment was in North Carolina, then that state's laws will control the statute of limitations and when the cause of action accrued. So you should post your question in that forum, or consult with a North Carolina attorney. Generally speaking, the "discovery...Read more »
We have a big lawsuit that needs to be resolved sooner than later I have contacted a lawyer but she is way to expensive. She said I have a very big lawsuit and definitely been traumatized . this is something that will follow our life living here in our town. We only want justice and to live without... Read more »
There is no private cause of action for a HIPAA violation- in other words, an individual may not sue for damages based solely on such a violation. However, the Maryland Confidentiality of Medical Records Act does allow a person to sue for recovery of actual damages. It is possible that the same...Read more »
house does not have Use & Occ permit but has city certified rental license. Final Plumbing/HVAC, Final Electrical, Lead Inspected. Tenant I yr lease expires end of month. paid 7 months. in default 5 months. Tenants went to court and got FTPR dismissed bcoz of U & O. I gave them30 day notice... Read more »
In a tenant holding over action (as opposed to FTPR), there is no requirement that the landlord be in compliance with all local licensing ordinances. There is Maryland case law that the lack of a rental license in and of itself is not a justification for a court to award a refund of paid rent-...Read more »
My lease ended 8/31/19. My landlord sent me a list of damages that we owe for, the letter was stamped 10/15/19, we received it 10/16/19. MD law gives them “within 45 days”, was this within the time frame? They held my security deposit and sent bill for damages. Also, I believe they are supposed... Read more »
30 days have September... The statute doesn't say the list of damages has to be received within 45 days. If the landlord actually paid for repairs, they would reasonably need to list that (as opposed to an earlier higher estimate). But if the damages are estimates, the statute merely...Read more »
Merely using the AC is clearly not outside of ordinary and intended use, and therefore the landlord is on the hook for ordinary wear and tear. Sometimes the tenant is required in the lease to change the filters, and failing to do that could create some responsibility on the tenant.
I'm a supervisor in Maryland, and already overwhelmed with 60-80 hours of work/wk. Can my employer keep loading on responsibilities without any limits? And if I say that's not my job or I'm already overwhelmed with work, they can terminate me? Basically, I worked my way up and... Read more »
There are limits to how much an employer can get away with. One question is if the employee is appropriately classified as exempt, given their overall duties and responsibilities. Another is if the employee is actually performing two separate jobs (one exempt, and the other non-exempt), and...Read more »
The answer will depend on what kind of board is in question- government or private company/non-profit. And then if it is governmental, it will depend on the laws governing that particular board- in addition to the Maryland Open Meetings Act. If private, it will depend on the bylaws or other...Read more »
i did side work for a contractor and he refuses to pay me because we got into a argument on the last day finishing up the job because he brought a drug dealer to the job and he asked me to go outside and flag him down and i refused and he acted like a child because someone actually told him no. he... Read more »
From the facts given, it does not appear that the contractor has a legitimate reason why they have not paid you for the work (and possibly overtime) that they owe you. You should discuss with an employment/labor attorney who offers free initial consultations. These kinds of cases are sometimes...Read more »
I was told that I had to have surgery in order to be represented in a suit against the apartment where I reside the ceiling fell in on me and I have be having back leg and elbow issues they also made me move my apartment on my own to a new unit I need representation because I hw e kids I have to... Read more »
Medical expenses are a major component of this type of claim, but having surgery is not necessarily required. Lost income and other expenses are also relevant to damages. You should discuss with an attorney.
The company has a policy that they will pay out any unused accrued time if you give the proper notice. If u give 2 weeks and the anniversary date to release the time is in that window, is the company required to pay you out that time u have been accruing since last year even though these are the... Read more »
It depends on exactly how the policy is worded. Or if it is silent about this situation, it becomes a matter of interpretation. You can either inquire with them (assuming you've already given notice, of course)- or wait and see what happens. If they deny it, then depending on how much you...Read more »
Unless the staff has some cognizable injury from the recording (like by publishing scandalous parts online), it is not likely that you will be sued. But if you get a demand from an attorney, you should hire one yourself.
Tenants lived in a single family rental home for six years. Carpet was newly installed just prior to their move-in; addendum to lease noted that shoes not be worn on carpets. On move out, the carpet was filthy (beyond normal wear and tear) and had unremovable sticky substances (gum, candy from... Read more »
It could be argued that a carpet would have had to be replaced after 6 years of normal wear and tear due to its intended use. While the "no-shoes" addendum is creative, it may not be the thing to hang a hat on in court. Attempt to come to an agreement with the ex-tenant- preferably in writing.
They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... Read more »
Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.
Civil (and criminal) liability for the poisoner themselves seems pretty straightforward (if it is provable with evidence). The employer's responsibility for the bleach incident is less clear. As for the termination itself, there are not enough facts to analyze. And it seems likely there are...Read more »
My direct supervisor does not prohibit me from clocking in when working outside usual hours, but this is not always practical since I receive texts/phone calls unexpectedly and at all hours. This is not specifically an expectation of my job, but it is implied that my employer desires me to be... Read more »
There are two considerations here. The first is that if you are an hourly employee, you should be paid for all time and overtime you are "suffered" to work by the employer. Overtime might also apply if you are salaried/non-exempt. The second is how much it is worth to you to get paid...Read more »
It's not clear from the question what the issue is. R.P. 301 simply mandates that deeds to real property and leases over 7 years have to be executed and recorded in order to be effective. 301(f) extends that requirement to executing and recording options to buy, and gives the alternative...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.