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Maryland Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Maryland on
Q: If I quit my job, is my current employer able to keep my bonus that I earned?

I’m looking for a newer job but I don’t want to forfeit my bonus as I put in a lot of hard work for that

0 Answers | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Maryland on
Q: When filing an EEOC disability discrimination complaint, should I submit proof of disability with charge?

EEOC charge was filed without proof of disability. After filing a charge, new evidence is usually not accepted. Is proof of disability and medical records, a part of the investigation process or is it necessary to submit these items upon filing charge?

1 Answer | Asked in Family Law, Employment Law, Public Benefits and Social Security for Maryland on
Q: My husband died 5years ago he worked for opm when he retired he did not select the spouce benefit for me what can I do .
Mark Oakley
Mark Oakley
answered on Mar 19, 2023

When a married federal employee retires and claims their benefits, they have to choose whether to take a full or partial survivor benefit- or waive the survivor annuity altogether. To take a reduced benefit, or waive it, their spouse (you) must consent by signing a waiver that is included in the... Read more »

0 Answers | Asked in Employment Law for Maryland on
Q: My employer recently sold our practice to our accountant and had agreed to keep our benefits the same. He cut some of

our accrued vacation days and holidays. Is this legal?

0 Answers | Asked in Employment Law, Civil Litigation and Employment Discrimination for Maryland on
Q: Hi there, I was wondering if it’s legal for a manager to lie on you and to be fired because of the lie?

I submitted a clock in and clock out Card 5 minutes after my shift started. My manager informed me it was invalid because I have to do the card at the end of my shift. At the end of my shift I called my manager to ask if I could do the new clock in and clock out the next day because of personal... Read more »

0 Answers | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Is it legal for my current employer at a courthouse to reverse my transfer to another courthouse based on-

a nonexistent rule in the handbook? What happens if there is foul play what is the next step?

1 Answer | Asked in Employment Law for Maryland on
Q: I work for a psych practice in Maryland. As an admin staff. Can my employer withhold pay due to me flexing coverage?

There was a clerical error between myself and another admin staff. I was supposed to be covering emails on Monday and was not aware of it until Tuesday. On Tuesday however I worked through the emails from Monday for 3 hrs. We are paid per 8hr work day & I added it to my time sheet. My employer... Read more »

Douglas Phillips
Douglas Phillips
answered on Mar 2, 2023

You must always be paid for hours worked, so long as the employer permitted the work or you had a reasonable expectation (based on policy or lack of an opposite policy). You should ask for a more definite statement of what company policy or MD law you supposedly violated.

1 Answer | Asked in Business Law and Employment Law for Maryland on
Q: can I sue the business I work for as a contractor?

I have been a contractor for business A for a year and a half. I have single highhandedly successfully expanded their business all while, here are some details:

-been paid sporadically, almost never on time. This has affected my personal financial issues

-been owed up to $6,000 but... Read more »

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You have not described any circumstances supporting a viable legal claim. You are a contract employee, but you do not descibe any written contract terms. If you have a contract, your rights are contained in that agreement. If you do not have a contract, or it's verbal, or you no longer wish... Read more »

1 Answer | Asked in Employment Law, Criminal Law and Libel & Slander for Maryland on
Q: My employer filed a false police report against me. How can i sue for defamation and slander?

I was fired from my job and my employer went to the police and filed a false police report that was slanderous and defamation of character. They also choose to not pay me for my last week of employment. The case is ongoing with the police. I gave them all the proof of my innocence.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

First things first: hire a criminal defense attorney and focus on defendin and winning the criminal case. Until you win that, and avoid a conviction and possible jail, you have no viable civil suit. If you beat the criminal case, then discuss possible civil claims against your employer, but not... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Does my employer (in Maryland) have to pay out my remaining PTO when I quit?
Mark Oakley
Mark Oakley
answered on Dec 7, 2022

The answer to this question depends on the employer's written policy, and whether this policy was communicated to the employee at the time of hiring. For example, if an employer informs employees in writing at the time of hiring that unused vacation leave will be lost or forfeited upon... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Jun 22, 2022

Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my employer keep my entire check for repair costs of a company vehicle?

I’m a full time non CDL driver. On 6/1/22 I was cut off going through a toll booth and ended up damaging the side mirror of the company truck I was operating. On 6/3/22 I contacted dispatch asking if I was on schedule for the day. I was. I also got paid this day and they deducted $50.00 from my... Read more »

Mark Oakley
Mark Oakley
answered on Jun 11, 2022

Go to his site, and follow the procedure for filing a claim/comlaint:

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml

Alternatively, you can try to find an employment lawyer who would be willing to file something for you.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my former employer prohibit me from talking to current employees?

I quit do to family issue. It was abrupt and I sent out a message to apologize for my sudden departure. A GM I trained reached out to me and asked for advice. I told them my advice and some other things they should be mindful of. Today my DO who had not said a world to me when I left due to family... Read more »

Mark Oakley
Mark Oakley
answered on May 14, 2022

He can send you texts, letters and talk to whomever he wants. You can do the same. Unless you signed an NDA, the only thing to worry about is a defamation suit--and the truth of what you say is a complete defense to a defamation claim. If you signed an NDA, have a lawyer review it to determine... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: federal ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges or convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI... Read more »

Scott Scherr
Scott Scherr
answered on May 6, 2022

You will be eligible for expungement 15 years after the end of probation/parole which looks like it will be in 2024. If you received probation before judgment, it can be expungement now. They will definitely see the conviction in the background check. All you can do is be honest and disclose it and... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: CAC (federal) ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI (low... Read more »

Mark Oakley
Mark Oakley
answered on May 6, 2022

The FBI performs all criminal background checks for federal agencies, and they use the FBI's internal (non-public) database (which is different from the FBI nationwide database generally used by state and local law enforcement and private employer background checks). The distinction is... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I worked for baltimore county public schools as a bus driver. I was fired due to a PBJ conviction.

stemming from a hit and run. Was this termination legal ?

Scott Scherr
Scott Scherr
answered on Apr 13, 2022

Since you drive a school bus, you must have a CDL. A probation before judgment is not a conviction, but a probation before judgment for a hit and run can possibly affect your CDL. I am not an employment lawyer, but a probation before judgment for a hit and run can probably be considered by an... Read more »

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