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Maryland Employment Law Questions & Answers
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 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 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 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: 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 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

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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