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Questions Answered by James Edward Rubin

1 Answer | Asked in Employment Law for Maryland on

Q: Can a former employer prevent me from performing the same work for a competitor or on my own?

I have been given an employment contract that should I resign or be terminate prevents me from performing the same work for a competitor or opening my own business. Can they legally prevent me in Maryland from continuing to work in my chosen career? I understand I cannot solicit their current... Read more »

James Edward Rubin answered on Jan 21, 2018

I would suggest you have the agreement reviewed by an employment lawyer. The lawyer should be able to give you a sense of the enforceability of the agreement. The wording of these agreements vary and the wording matters. Also, what you do at work is an important part of the analysis. I have... Read more »

2 Answers | Asked in Employment Law and Contracts for Maryland on

Q: What are possible penalties if I accept a position with a recent client of my current employer?

My son , employed by a small Maryland IT company serviced a contract for approx 2 years. The contract ended. The company extended only the work my son was doing. Now they want to engage my son as a full-time consultant (not an employee). At time of employment with current company he signed an... Read more »

James Edward Rubin answered on Oct 4, 2017

An attorney would need to review the agreement to give you meaningful advice. I suggest you call a Maryland employment attorney for such a review and a consultation.

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1 Answer | Asked in Employment Law for Maryland on

Q: is this legal in a work place?

I work for a place called Kumon of Silver Spring in Silver Spring Maryland. For starters they pay $8.50 which doesn’t meet the Maryland minimum wage (9.25) requirements nor the Montgomery minimum wage (11.50). I’m wondering if it’s because we are “private contractors” because we don’t... Read more »

James Edward Rubin answered on Sep 28, 2017

You may well have minimum wage and overtime claims (if you worked more than 40 hours in a week). You should consult with an attorney and consider filing a claim with Maryland Department of Labor.

1 Answer | Asked in Employment Law for Maryland on

Q: Hi there, was wondering if an employee plaintiff could request salary info of other employees in flsa action?

James Edward Rubin answered on Feb 17, 2012

It depends. If the pay information is relevant to the plaintiff's claim, then the information is subject to discovery (and will be disclosed). Also, many FLSA actions are filed as collective (or class) actions. Each class member's compensation is likely to be relevant and subject to discovery.... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: Can i get a lawyer if i get fired for the wrong reason at work

James Edward Rubin answered on Oct 25, 2011

1. You can get a lawyer by hiring one. The first step is usually scheduling an initial consultaiton. You can learn a bit about how lawyers charge here:

2. Only a narrow class of reasons for a terminations are...
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1 Answer | Asked in Employment Law for Maryland on

Q: Where do i go to find out more about non-compete clause in the maryland code?

A job offer contract agreement was signed with no mention of a non-compete clause. A year later, a separate non-compete agreement was signed offering no added benefits. the initial contract provided employment for 4 years. Six years later the employee opened his/her own practice but clients from... Read more »

James Edward Rubin answered on Jan 25, 2011

You should have a Maryland employment lawyer review the employment contract, the non-compete agreement and the lawsuit. The law that governs Maryland non-compete agreements is not always intuitive or logical. More information is available at:... Read more »

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