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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Employment Law for Maryland on
Q: What is meant by 21st century employment discrimination against minorities in legal terms?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2012

The context of this question is unclear. Both federal and state law prevent an employer from discriminating based on color or race. Discrimination can encompass many different fact scenarios but generally involves different treatment in hiring, pay, firing and the like. If you have a more... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Can R.N. Claim Loss of Earning Capacity post MVA Multiple Injuries between active employment?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2012

The short answer is perhaps. One can claim a reduction in wage earning ability due to any disabling injury regardless of their employment status on the date of accident. The long answer is that the plaintiff bears the burden of establishing damages and has no hard lost wages if they were... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Can you fired from your job for taking a drug srceen a day late

The test was taken and the results were negative

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 28, 2011

Generally an at-will employee can be fired for any reason so long as it is not discriminatory (In other words, an employer can usually fire for policy violations so long as its policies are not discriminatory or otherwise violate the law). So assuming the employer didn't discriminate in... View More

1 Answer | Asked in Personal Injury for Maryland on
Q: If a spouse died from lung cancer due to asbestos exposure widow filed claim now widow has lung cancer what does she do?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 28, 2011

It is not clear whether the widow thinks her lung cancer stemmed from asbestos also. If the widow filed a claim on behalf of her late husband's estate, it should not affect the widow's OWN claims (in most cases). Without knowing more facts it is unclear if the asbestos exposure was... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can I place a gate on a utility easement across my property that my neighbor uses to access his property?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 28, 2011

A utility easement does not automatically grant rights to ingress/egress so you may need to first figure out what kind of access rights the neighbor has. In some cases an easement can be created by a means other than a recorded document. That being said so long as the easement holder has access... View More

1 Answer | Asked in Employment Law for Maryland on
Q: In md does an employer have to pay wages to every employee even if they think they were overpaid?

My employer reversed my pay without notice. They did not give any reason. Soon after they said it was because i was overpaid, yet a month later they have not paid for the correct wages.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Maryland law requires that every employer pay wages in a timely fashion and imposes strict penalties for failing to tender wages. The law does say that penalties cannot be accessed for "bona fide disputes" so the portion of wages that may legitimately be in question might not incur any... View More

1 Answer | Asked in Employment Law for Maryland on
Q: I have worked for a large company, who says we are paid on salary. we are working 10 to 20 over the 36 hours and pay 1/2
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Hello and thanks for your post. Unfortunately questions about whether a particular employee is exempt or not from overtime requirements depends very heavily on the specific facts. The employer's classification is not the determinative factor.

I encourage you to seek legal counsel on...
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1 Answer | Asked in Employment Law for Maryland on
Q: Can exempt employee paid different rates based on job description
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Generally, yes, an employer can set different rates of pay so long as the pay difference isn't based on discriminatory reasons.

1 Answer | Asked in Employment Law for Maryland on
Q: May company is getting suit of overtime payouts, and they are paying out other people in my position. should i look into

We were told we are on salary, but we are paid by the hour, until we hit overtime, then we get half time. but we have to schele. yourselves into overtime.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Determining whether an employee is exempt from overtime laws requires a detailed analysis of the facts. If you have some reason to believe that the employer has misclassified employees then you may wish to consult with an attorney.

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer prevent you from hanging personal items in your cubicle?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Generally, yes, an employer can make and enforce a variety of policies so long as the policies are not discriminatory in nature.

1 Answer | Asked in Employment Law for Maryland on
Q: If an employee makes a contractual agreement without the permission of the business owner who pays for damages
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

The question is not clear... what kind of contract? what kind of damages?

1 Answer | Asked in Employment Law for Maryland on
Q: How long do I have to pay my employees payroll (who quit)
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Employees must be paid for all hours worked and must receive any unpaid wages upon termination. If an employee quits they are nonetheless entitled to pay for all hours up until they left and an employer can face sharp penalties for failing to tender the last pay. The employee must get paid on or... View More

1 Answer | Asked in Employment Law for Maryland on
Q: What do i do if i havent recieved my last paycheck stub from a month ago??

Put my two weeks in and last day was nov 24, i still have not recieved my last paycheck stub... what can be done?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

The phrasing of this question causes me to wonder whether you received the PAY but not the paySTUB? Maryland law mandates pay within certain time periods and if an employer failed to pay earned wages an employee can seek both the pay plus penalties and attorney fees. If you did not receive the... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Are time clocks required to track attendance for exempt employees in the state of Maryland?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

No. A salaried, exempt employee need not "clock in" though an employer could elect to have those employees log time if the employer so desired.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Can a lawyer represent a seller and own the settlement company without disclosing it to the buyer?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Buyers have the right to select their own settlement company. The buyer not the seller should chosen this, though if the buyer has no preference a lender usually sets this up. Technically the settlement company works for the lender, not the buyer or seller. That is, the settlement company... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: What does it mean to vacate a report of sale
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

In a foreclosure case, a report of sale gets filed after the courthouse auction. When someone files a motion to vacate they basically ask the court to set aside the sale because of something that is wrong with the proceedings or the way the sale took place. In most cases a judge would not vacate... View More

2 Answers | Asked in Personal Injury for Maryland on
Q: I need to know who should pay for my medical expenses after an accident in a giant food store

I slipped on some grapes on the floor and was sent to the ER where I was told I had reuptured my achuilles tendon looks like a long recovery and alot of medical expenses. I paid for the ER visit but not sure if this is something I should pay for given that it looks like it may be alot of monrey

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Unfortunately an online post cannot fully analyze a personal injury claim. An injured party who spends money on medical expenses caused by someone else can sue to recover those fees. To win a slip & fall case (and get compensated for medical expenses) a plaintiff needs to prove that the store... View More

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2 Answers | Asked in Real Estate Law for Maryland on
Q: How many years is a mortgage valid in Maryland
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 23, 2011

Mortgages usually have a 15, 20 or 30 year term but they can be longer. The mortgage or deed of trust is a lien against the real estate until it is paid off. In some cases an old mortgage that has gone past its term may be "on the books" because the lender didn't file a release /... View More

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1 Answer | Asked in Real Estate Law for Maryland on
Q: What section/paragraph of Maryland Property Law allow/permits one's name to be in the deed and not in the mortgage/note
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 8, 2011

This is not so much a statutory question as one of a lender's willingness. Title is controlled by deed. The mortgage (deed of trust) and note describes the debt and legal responsibility for same. A lender will not want to loan money without everyone on title agreeing to same though a... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother has died and my brother is executor. is he obligated to ensure that I receive my inheritance.

My mom's jewelry was to go to me. he is now saying that i stole it from safe deposit box. a box that was empty when i went there. he must be keeping it. i will not communicate with him. he is emailing me and says he needs my current address to send me my checks from estate. he has my... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 8, 2011

I am sorry to hear of your mother's passing and the family tension. Yes, whomever is appointed as the personal representative must divide up all property in accordance with the will.

Yes, the PR needs the current mailing address for all interested persons/heirs. While I cannot...
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