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Maryland Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Maryland on
Q: can my employer force us and make it mandatory to get the covid vaccine or be fired

my job made it mandtatory to get the vaccine or lose your job...is that legal? can they do that?

Rhiannon Herbert
Rhiannon Herbert answered on Apr 14, 2021

Generally, the answer to this question is yes. However, there are two main exceptions: (1) if you have a disability that renders you unable to receive the vaccine; or (2) if you have a religious objection to the vaccine. If you fall under one or both of these, then you are permitted to request an... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Is Double Jeopardy in the workplace real ?
Scott Scherr
Scott Scherr answered on Mar 9, 2021

Double jeopardy only applies in criminal cases. It prevents a defendant in a criminal case from being tried twice for the same crime. There are requirements in order for jeopardy to attach.

Double jeopardy does not apply in civil cases including employment cases. If you have an employment...
Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I'm working an 40 hour work week, no lunch break and no breaks during the shift. WHat can I do

I"m on a contract with a security company for an insurance company, no breaks

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

Generally speaking, employers are not required to provide breaks, unless you are a minor under the age of 18. If you need a break for medical reasons, I would reach out to an employment attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: I was terminated from a bus operator position in Montgomery County Maryland for a background check.

I was informed that I was terminated by the hr department because their investigator said not to proceed and that they could not disclose anything further that I would have to talk to the investigator. The investigator will not respond to me me after several attempts to contact him. I can... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Feb 10, 2021

So, hire a lawyer and go meet with the investigator or do a 3-way on the telephone with your lawyer and the investigator. How are you going to move forward if you don't know why you were terminated? First things first.

Q: I was denied employment due to CBD oil usage for insomnia. The product label DID NOT state the possibility of THC.

I was using CBD oil from a large retail store (Vitamin Shoppe) for insomnia. The label on the bottle or packaging DID NOT state the possibility of positive THC in drug tests, thus made me think I was safe in using the product. My drug test came back positive for THC and was denied employment even... Read more »

Mark Oakley
Mark Oakley answered on Jan 12, 2021

CBD oil and other hemp-based products are not yet regulated by the FDA, and the 50 states all have 50 different regulatory schemes for this product. In short, there is little legal requirements regarding listing ingredients and THC concentrations. Legal hemp, as opposed to illegal or regulated... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Is a company policy to not give holiday pay until after 90 days for salaried exempt employees legal?

It says in the job offer that all employees are eligible for holiday pay after 90 days. But as salaried exempt shouldn't those employees get the same salary every week?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 6, 2021

Employers are not required to offer paid time off for any time you are not performing work (in this case, pay on holidays you don't work). This is true regardless of whether you are paid hourly or receive a salary, so there is nothing inherently unlawful about this policy.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: best place to find pro bono attorney for federal wrongful termination representative

against dept of Navy

Mark Oakley
Mark Oakley answered on Jan 5, 2021

Lawyers who handle federal employment discrimination and wrongful termination cases usually do so on a contingency fee basis, meaning you pay no money up front, and the lawyer receives a percentage of the recovery if there is one, or an award of fees under the relevant statute (if any), and no fee... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: In the state of Maryland, how many miles from your residence to employment is determined to be reasonable?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Employees are free to work 5, 25 or 100+ miles from their place of employment (or any other distance), so the question isn't clear. The law doesn't mandate how far someone lives from their job and it is purely up to each person to decide what kind of commute they're comfortable... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an unlicensed laborer take a homeowner to civil court if a homeowner refuses to pay for a job not done properly?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

There are not enough facts here. Anytime someone isn't paid for a job they were hired to do they could in theory sue. A lot of labor would fall under that category. However, the law has a theory that someone who is themselves in the wrong usually can't get the law to provide them... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: I am an African American male , that has been dealing with haraasment, retaliation n more from my work place.

When I reported it to HR not once but twice I was told that He was within his right as a manager to do that. They never took what I report serious as a result I was fired n refused to resign. I believe the is a serious cover up between HR and this adminstration n department. Im in the Baltimore, MD... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Oct 1, 2020

Well, you didn't pose a question so there is no answer necessary. However, if you felt your rights were being violated why didn't you file an EEOC Complaint? You may still be able to. Your facts were so thin, it's impossible to tell what your rights may be.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer keep my last paycheck because I quit without a notice

I quit my old job a year ago because they put me in salary and worked me 60+ hours 7 days a week. Eventually I got tired and couldn’t keeo doing it so I quit. I did it without a notice I just dropped my stuff off and emailed them I quit, well they withheld my paycheck and have never given me my... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 9, 2020

Your employer cannot keep your final paycheck because you resigned without notice. You may have signed documentation stating that if you resign without notice, you agree to be compensated at minimum wage for hours worked on your final paycheck; however, you cannot agree to forgo any payment for... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer consider a per diem employee to be 'voluntarily terminating' employment if the employee does not work a

certain required number of hours BUT the specific required number of hours is not written or agreed to in any formal sense (no contract, not mentioned in offer letter, etc, but determined/changed by manager per staffing needs)? Employee is not working for pandemic-related reasons, but interested in... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 19, 2020

Without a contract governing your employment, your employer is free to change the number hours you are required to work at any time for any reason, whether it is due to the pandemic or not. If you refuse or cannot work those hours, your employment can be terminated.

1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?

Eric Todd Kirk
Eric Todd Kirk answered on Jul 31, 2020

If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... Read more »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
Read more »

1 Answer | Asked in Employment Law and Military Law for Maryland on
Q: After my first mediation meeting, I was placed on a second PIP by my supervisor and demoted. Is this retaliation?
Joseph D. Allen
Joseph D. Allen answered on Jul 28, 2020

It depends. Proximity in time to the employee's protected activity is one factor a court may consider- though generally insufficient by itself. In simple terms, the question is really whether the adverse employment action (new PIP/demotion) was justified by the facts- or was motivated by... Read more »

1 Answer | Asked in Employment Law and Insurance Bad Faith for Maryland on
Q: My employer terminated my insurance, but continued to take deductions for it, and represented to me that I was covered.

My benefits and payroll are administered by a 3rd party (Gusto). Their ‘employee dashboard’, or portal, or whatever verbiage they use for their online thing, shows me as covered. However, when I attempted to add my wife to my coverage, I learned that I was no longer insured.

My... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 15, 2020

Have you raised the issue with your employer or with Gusto to see if the discontinuation of your health insurance was an error? If you cannot get the issue corrected, you may have a claim under the Employee Retirement Income Security Act (ERISA) and should contact an attorney in your area to... Read more »

1 Answer | Asked in Civil Rights and Employment Law for Maryland on
Q: how do i know if i was involved in a class action lawsuit
Mark Oakley
Mark Oakley answered on Jun 3, 2020

Normally, if you can be identified as a possible member in a class action lawsuit, you receive some sort of communication to that effect. If there is a particular lawsuit you are aware of, then you can look up information on that lawsuit by doing a simple google search, and learn about the court... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

Hello,

I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.

A Worker's compensation case has been... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 31, 2020

You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: I was doused with hydraulic fluid and diesel fuel while at work. My manager didn't report the incident and I became Ill

After constantly asking my manager to why he didn't report the incident he tells me if I report it I would lose my job..I reported it to regional manager, HR, then the safety coordinator. And filed a workmans compensation claim. What other lawsuits can I file

Mark Oakley
Mark Oakley answered on May 26, 2020

Unless there is a third party liable for the accident that resulted in your being doused with hazardous chemicals, e.g., the negligence or product liability of some person or company who is not your employer, then you are limited to workers' compensation for your personal injuries and lost... Read more »

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