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Maryland Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Maryland on
Q: can an employer send an employee home for the day without pay as a punishment for being a few minutes late?

maryland

Scott Scherr
Scott Scherr
answered on Apr 23, 2024

Most employees are "employees at will." It means that they can be fired or disciplined for any reason so long as it does not violate the Constitution, a statute, or a contract.

Q: How do i get away from workplace discrimination when its wild spread throughout the agency EEO cant stop them.

Md state agency

James L. Arrasmith
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answered on Apr 11, 2024

Discrimination is never acceptable, regardless of how widespread it may be within an organization. If you are experiencing or witnessing discrimination, the appropriate course of action is to report it through the proper channels and seek assistance in addressing the issue.

2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

James L. Arrasmith
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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Maryland on
Q: I was accused of missing 2 COVID tests and was then fired in 2022. That ended my almost 10yr career. Any legal recourse?

My former employer gave no opportunity to appeal their decision and I had no other disciplinary issues at the time. In fact, I received several merit awards from the company (some monetary) for my outstanding performance at the time. For reference, I live in West Virginia, but my former employer... View More

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information you provided, you might have potential legal recourse, but it depends on various factors. Here are some considerations:

1. At-will employment: Maryland and West Virginia are both "at-will" employment states, meaning that an employer can generally terminate...
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1 Answer | Asked in Employment Law for Maryland on
Q: My employer requires me to be available 40 hrs/week, 5 days a week. I’ve only worked 5 hours. Can I find part time work?

Employer made me sign a contract and said I have to ask and be approved to work at another business within the same industry (flight instruction). There is a termination fee of $2500 if I breach the contract or quit before 12 months working for them.

Mark Oakley
Mark Oakley
answered on Feb 25, 2024

I do not believe either provision in your contract is enforceable. The financial “penalty” of $2,500 smacks of an unenforceable penalty; however, if it is tied to an actual out-of-pocket cost to the employer, such as reimbursement for a paid training course the employer incurred to train you in... View More

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: Good afternoon or good mornin I need some assistance I need a lawyer to talk to you about a very serious matter please a

It is about incident happen last year April I got the footage of the incident so I think this incident is a very serious matter I do not want to go viral with it I need a lawyer to talk to before I do what I have to do thank you

John Mesirow
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John Mesirow
answered on Feb 8, 2024

If you want some direction, you will need to provide more information. Most importantly, what type of incident was it?

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
James L. Arrasmith
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Maryland on
Q: I worked for a security company who subcontracted from a hospital, they received shift deferential & holiday pay not us

I represent several Security Officers who worked for a security company that subcontracted with the University of Maryland Hospital system. The company received shift deferential and holiday pay. The company does not pay it to officers. I believe that this isn't mandatory in Maryland but... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 22, 2024

Given that your question is one of ethics, this would be difficult to answer from a purely legal perspective. I have to refrain from providing my general opinion, but I will echo your sentiments regarding the mandatory nature of the shift deferential and holiday pay flowdown. Holiday and shift... View More

1 Answer | Asked in Employment Law, Employment Discrimination and Small Claims for Maryland on
Q: My job was classified as a lower role, despite me performing the same duties as the high level role. Is this legal?

During my transition from temporary hire to permanent position was rewritten as a lower role than my counterparts due to varying education levels. The job function and responsibilities are identical but I’m paid $25k less.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

An employer can generally make any kind of job classification they wish, and change descriptions and set pay scales for most any reason except they cannot do this for reasons that are illegal. Setting different pay bands based on educational attainment or years in the industry is on its face... View More

1 Answer | Asked in Education Law and Employment Law for Maryland on
Q: I’m being paid less than my counterparts due to education differences. Is this illegal?

The job function and responsibilities are the same

Todd B. Kotler
Todd B. Kotler
answered on Dec 13, 2023

No, differences in education create circumstances where you and your counterparts are NOT similarly situated. That is an entirely defensible difference upon which to base compensation. Totally legal.

1 Answer | Asked in Employment Law for Maryland on
Q: Having problems collecting my severance pay and commission pay from my former employer. What can I do?

I have been gone from company since June 16th, 2023, and have yet to receive any funds. I have reached out by emails and text monthly and have not gotten any appropriate response. Not else what else I can do.

Scott Scherr
Scott Scherr
answered on Nov 16, 2023

You can sue for treble damages (three times the amount due) under the Maryland Wage Payment and Collection law. You should speak with an employment lawyer. You can also file a complaint with the Department of Labor of the State of Maryland.

1 Answer | Asked in Employment Law and Immigration Law for Maryland on
Q: I want to know if I can work in another EU country with residence of refugee status

For example, I have refugee residence in Poland of three years and 2 years of Geneva Passport can I work Germany

James L. Arrasmith
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answered on Oct 22, 2023

Having refugee status and a Geneva Passport in one EU country generally grants you certain rights within that specific country. However, when it comes to working in another EU country, like Germany, the rules can vary. Typically, if you want to work in another EU country, you would need to apply... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: About final checks

I was fired from my work (local restaurant). And to be paid we are handed in person paychecks. I still don't have my final paycheck because I am scared of talking to my former bosses. It has been around 4 months now since my termination and i was wondering, how long are they required to hold... View More

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You should e-mail your former employer and request that they mail you your check. Give them your current address.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Maryland on
Q: I’d like to know how much my case is worth for employment discrimination based on sex and race, workplace retaliation.

equal pay, unpaid wages, withheld wages, medical bills and damages. My case is in federal court and despite the defendant’s attempt to dismiss, my case has moved to mediation. I was paid 83k less than the male I replaced. I was also paid up to 20k less than other males in lesser positions. I was... View More

James L. Arrasmith
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answered on Oct 15, 2023

Determining the exact value of an employment discrimination case can be complex and depends on various factors, including the jurisdiction, specific details, and evidence supporting the claims. Based on the information you provided, there are tangible damages, such as the wage disparity (83k plus... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Hello I went out on short term dis for throat cancer 4-6-23, and just received a letter saying I was fired, can you help

I am currently unable to work with a treach tube, feeding tube and 2 small blood clots in my lungs. And then I get news that I'm fired??? Can some ne please help me?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Aug 15, 2023

I'm so sorry to hear about your situation. My firm provides nationwide representation to individuals who are terminated while seeking medical care. We file FMLA interference and retaliation lawsuits. We have helped many individuals fired while getting cancer treatment. www.pietruchalaw.com

1 Answer | Asked in Employment Law for Maryland on
Q: Hello, Can a lawsuit be filed against an employer for wrongful termination?

I was hired and terminated from a job within one week due to not being able to submit my I-9 Documents such as my Driver's License amd Social Security card within only a limited

timeframe. I did one week of training before they terminated me.

T. Augustus Claus
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answered on Aug 2, 2023

In Maryland, like in many states, employment is generally considered "at-will," which means that an employer can terminate an employee for any reason, as long as it is not illegal or discriminatory. However, there are certain circumstances under which a lawsuit for wrongful termination... View More

1 Answer | Asked in Employment Law and Libel & Slander for Maryland on
Q: Can my former employer share my wage garnishment with customer and employees?

My former employer received a wage garnishment on me from a past debt. She is actually handing it to customers and employees talking badly on me.

3 customers and 2 employees have come to me about this. I am so embarrassed.

Maurice Mandel II
Maurice Mandel II
answered on Aug 1, 2023

You should speak with a local attorney that practices in this jurisdiction. Many states have confidentiality rules with respect to wage garnishments, and these are not public documents, others are different. Whichever, these are clearly being revealed for the purpose of negatively impacting your... View More

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