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Maryland Employment Law Questions & Answers
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

2 Answers | Asked in Employment Law for Maryland on
Q: Can my employer force me to pay for accidental damages with no contract. In Maryland.

I work for two people and live with them in a big house together with no contract, with another roommate. In Maryland. I accidentally broke the sprinkler and caused water damage in the house, they want me to pay what the insurance will not pay and the repair expenses and if not they will take the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

If you were just a tenant, then you would be liable; however, as an employee, that adds a new wrinkle. They cannot simply dock your pay for the excess cost of repairs. They would need to sue you, get a judgment, and then have a writ of garnishment issue against your wages, not to exceed 25% of... View More

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1 Answer | Asked in Employment Law for Maryland on
Q: Can employer deny PTO after it has been approved because I am now putting in 1 month's notice?

I am planning on working the week following my vacation. They have known about my honeymoon since February and it is July now. There are no guidelines on PTO in the handbook.

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Laws on this vary from state to state, however, in my opinion, if you are employed both before and after you take the approved PTO, the employer has to pay you for it in accordance with their policies. You should not have given notice until you returned from vacation, you created the problem by... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for Maryland on
Q: Is there any way to compel the company to give me the name of the person who made a false statement against me?

I work for a ride-share company and recently had my account deactivated because a rider lied that I had drugs with the intent to sell. This is absolutely false. I need to know the name of the rider who defamed me, but the company will not share the contact information for the rider. Is there any... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

You will need to discuss the issue with an employment attorney, and explore whether you have a wrongful termination lawsuit or other type of claim you can file. In a civil legal action you can compel responses to interrogatories (written questions that must be answered under oath), demand... View More

1 Answer | Asked in Employment Law and Civil Rights for Maryland on
Q: I was on interview at sheriffs office and made me take alcohol test. Interview said I smelled like alcohol

Can I sue for being accused of smelling like alcohol. I had to take an alcohol test which i passed.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Sorry that you were treated this way by the Police. The Police have an obligation to act when they have a reasonable suspicion, they don't have to be 100%. If you feel that the request was motivated by some improper reason, your civil rights may have been violated and you should consult with... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My job has a policy where they give out tips only once a year and you don’t get any if you get fired/quit. Is this legal

I am now unemployed from there and am wondering how I can get my tips I earned still. I don’t know how to go about it because this policy was a verbal one, so should I begin by sending an email asking about payment options? All tips are strictly in cash too. Thank you

Mark Oakley
Mark Oakley
answered on May 7, 2023

Either hire an employment lawyer or file a complaint with the Maryland Wage and Labor Board.

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml#:~:text=To%20request%20a%20claim%20form,prior%20to%20beginning%20an%20investigation.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: As an Ex-employee Can I receive a no trespassing order from the business with no stated reason?

I left my job due to unsafe conditions of bugs , and trespassers coming at night. Now my ex employer is signing a no trespassing order on me and I don’t have a reason stated why

Scott Scherr
Scott Scherr
answered on Apr 27, 2023

Your employer does not need to give you a reason. Anyone can issue a no trespassing order for any reason. It is their property. You should stay off their property.

1 Answer | Asked in Employment Law for Maryland on
Q: Can a person be fired for accidentally throwing away a pair of eye glasses left in a restaurant the night before that

Had no note attached or not in proper care until the guest returned

Scott Scherr
Scott Scherr
answered on Apr 21, 2023

Most employees are employees at will and can be fired for almost any reason so long as it does not violate the Constitution, a statute, or a contract.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

1 Answer | Asked in Employment Law for Maryland on
Q: Can my employer request that I fill out a timesheet as an independent contractor?
Ronald V. Miller Jr.
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answered on Apr 4, 2023

I would say yes. As an independent contractor, you are typically considered self-employed and not an employee of the company for which you are providing services. But this is just a practical request to keep track of the work completed and ensure accurate invoicing rather than an employee-employer... View More

1 Answer | Asked in Criminal Law, Employment Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can a person with a 9 year old felony possession CDS charge or conviction obtain an Insurance License in MD?
Scott Scherr
Scott Scherr
answered on Mar 31, 2023

I do not know whether you are eligible to get an insurance license, but you are eligible to get your record expunged 15 years from the end of probation assuming all other criteria are met.

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... View More

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... View 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... View 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... View 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... View 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... View 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... View More

Eric Todd Kirk
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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... View 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... View 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.

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