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Maryland Employment Law Questions & Answers
2 Answers | Asked in Criminal Law and Employment Law for Maryland on
Q: Can a woman legally purchase a firearm and keep it at home with her prohibited husband?

I am a Qualified Handgun Instructor in Maryland. A woman contacted me to schedule a handgun qualification license class. During screening, she informed me that her husband is a disqualified/prohibited person due to a felony conviction for drug distribution in 1995, making him prohibited from owning... View More

Mark Oakley
Mark Oakley
answered on Sep 2, 2025

There’s no law prohibiting the spouse of a convicted felon from purchasing, possessing and owning a gun. The law prohibits felon spouse from possessing it. Possession can be actual or “constructive.” If the gun is within his ability to access it (in a car, in his house, a motel room, walking... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Forced resignation or termination after raising wage concerns and requesting ADA accommodation, placed on leave in MD.

I am being forced to resign or face termination from my job. After meeting with a competitor and receiving a higher offer, I brought this information to my employer and was accused of 'misconduct' for seeking a raise. After receiving a verbal warning, I requested reasonable accommodation... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Aug 27, 2025

If you’re being told to resign or be fired, that’s essentially termination—it may be treated as a constructive discharge. Meeting with a competitor and asking for a raise is not “misconduct” unless you broke a clear company policy.

Once you requested an ADA accommodation, your...
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3 Answers | Asked in Employment Law and Contracts for Maryland on
Q: Are non-compete clauses enforceable for 1099 physicians in Maryland?

I am a physician who signed a non-compete agreement as a 1099 employee in Maryland. The non-compete clause restricts me from working with competitors for 2 years. Are these types of non-compete clauses enforceable in Maryland?

Rolanzo Richard White
Rolanzo Richard White
answered on May 30, 2025

Yes, it may be binding, but it will depend on the reasonableness of the restrictions, according to MD law, and the pay and position of the contractor.

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3 Answers | Asked in Employment Law and Contracts for Maryland on
Q: Are non-compete clauses enforceable for 1099 physicians in Maryland?

I am a physician who signed a non-compete agreement as a 1099 employee in Maryland. The non-compete clause restricts me from working with competitors for 2 years. Are these types of non-compete clauses enforceable in Maryland?

Mark Oakley
Mark Oakley
answered on Jun 2, 2025

While non-compete clauses are legal and enforceable as a general proposition, in practice it depends very much on the specific facts. The reasonableness of the time and distance limitations matter a lot. Also, a non-compete will not be upheld to prevent an employee from changing jobs in their... View More

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2 Answers | Asked in Employment Law and Immigration Law for Maryland on
Q: Can my employer refuse List A documents for I-9?

I work at a franchise gym in Maryland, and our location was recently bought by a new company. During the transition, we are required to fill out a new I-9 form. The new company is insisting that all employees submit documentation from both List B and List C, despite the I-9 form allowing for the... View More

Adan Vega
Adan Vega
answered on May 14, 2025

The short answer is no. Please see the following guidance:

Anti-Discrimination Notice: Employers must allow all employees to choose which acceptable documentation to present for Form I-9.

Employers cannot ask employees for documentation to verify information entered in Section 1,...
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1 Answer | Asked in Employment Law for Maryland on
Q: What is the minimum reasonable hours per week for part time employees according to the law considering 39.999 is the max

In the spirit and intent of minimum wage is there minimum hours per week an employer shall provide for part time employment according to the law ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More

1 Answer | Asked in Employment Law for Maryland on
Q: I work for private doctor's office. Can they make an employee use vacation time for a lunch time that you do not get

paid for when you work, when you are on vacation?

Kenesha A Raeford
Kenesha A Raeford
answered on May 15, 2024

If you have an employment contract that will be the first place you will want to look for the answer. In Maryland, employers are not required to give you a lunch break unless you a minor (under 18 years of age). Maryland employers are also not required to issue you benefits like paid or unpaid... View More

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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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?

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More

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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

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 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 Juvenile Law and Employment Law for Maryland on
Q: How can I emancipate myself at 17 in Maryland without parental permission or access to resources?

I am a minor turning 17 in three months, and I am looking to emancipate myself from my parents in Maryland, but I do not have their permission. Currently, I work part-time at my father's restaurant where I am paid only through tips. My father controls all my earnings, including around $2,000... View More

James L. Arrasmith
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answered on Oct 27, 2025

Maryland does not offer a standard “emancipation application,” and courts rarely issue broad emancipation orders; instead, judges use other proceedings to secure a minor’s safety, stability, and autonomy. You therefore target legal tools that accomplish the same results—safe housing,... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Is it legal for my dad not to pay me hourly wages at his restaurant in Maryland?

I am 16 years old, turning 17 in three months, and work at my dad's restaurant in Maryland. He doesn't pay me any hourly wages, although I do receive tips. I work 11 hours a week regularly, and sometimes more if I need to cover for other employees who call off. My dad says he doesn't... View More

James L. Arrasmith
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answered on Oct 21, 2025

You’re an employee, even if your dad doesn’t list you on payroll, because he sets your schedule, directs your work, and conditions pay on tasks. Maryland’s wage law exempts an employer’s immediate family, so the state minimum wage—including the $3.63 tipped‑cash‑wage rule—may not... View More

2 Answers | Asked in Civil Rights, Medical Malpractice, Employment Law and Personal Injury for Maryland on
Q: Seeking lawyer for hospital discrimination and neglect case for father.

I'm seeking advice regarding a discrimination and neglect case against a hospital for my father. He is facing racial and disability discrimination, and neglect is evident as he has been left in his feces for six consecutive days without proper care or assistance. His hands are soiled daily,... View More

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2025

I'm sorry about your father's ordeal. It might take some research to find an attorney who handles all the areas you mention. Larger law firms cover a greater spread of practice areas through having multiple attorneys. If you've already started to look for attorneys, you could... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Personal Injury for Maryland on
Q: Wrongful termination claim while on workers' comp in Maryland?

I worked full-time as a stocker for a large retail chain for 2 years when I injured my back in September 2023. I requested a back brace but was told the store doesn't provide them. After my injury, I went out on workers' comp, but the store fired me during this period without notifying... View More

James L. Arrasmith
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answered on Oct 9, 2025

What happened to you sounds both painful and unfair, and you do have potential options to pursue. In Maryland, it’s illegal for an employer to fire an employee in retaliation for filing a workers’ compensation claim. If your termination happened while you were still under medical treatment and... View More

1 Answer | Asked in Identity Theft, Civil Litigation, Employment Law and Consumer Law for Maryland on
Q: How to sue for identity theft from ex-employer in Maryland?

I recently received a letter from my ex-employer stating that my identity was stolen from their records. They didn't specify how this happened. I haven't contacted law enforcement yet. I discovered my mother's address on the dark web, which has caused me emotional distress,... View More

James L. Arrasmith
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answered on Sep 26, 2025

Finding out that your identity was stolen through your ex-employer’s records is upsetting and can leave you feeling vulnerable. In Maryland, employers have a duty to safeguard personal information, and if their failure to protect it caused your information to be exposed, you may have grounds for... View More

1 Answer | Asked in Gov & Administrative Law and Employment Law for Maryland on
Q: Can a peace order be shielded if PBJ was expunged in Maryland?

I consented to a peace order in Maryland, later violated it and received probation before judgment (PBJ), which has since been expunged. Over three years have passed, and I'm seeking to have the peace order shielded so it no longer affects my job applications. I haven't filed for... View More

James L. Arrasmith
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answered on Sep 12, 2025

In Maryland, a peace order can sometimes be shielded from public view, but the process is separate from the expungement of a PBJ. The fact that your PBJ was expunged may support your request, but it does not automatically guarantee that the peace order can be shielded. Shielding generally depends... View More

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