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Maryland Employment Law Questions & Answers

1 Answer | Asked in Employment Law and Civil Litigation for Maryland on

Q: How do I protect myself from being sued by company staff for recording scheduled meeting without permission? my rights?

I was not aware you could not record for meetings so you can capture meeting notes. not a fast note taker and it was illegal. I was fired for doing it.

Joseph D. Allen answered on Aug 16, 2019

Unless the staff has some cognizable injury from the recording (like by publishing scandalous parts online), it is not likely that you will be sued. But if you get a demand from an attorney, you should hire one yourself.

1 Answer | Asked in Employment Law for Maryland on

Q: I am an hourly employee, but regularly contacted outside of working hours regarding work matters. Is this legal?

My direct supervisor does not prohibit me from clocking in when working outside usual hours, but this is not always practical since I receive texts/phone calls unexpectedly and at all hours. This is not specifically an expectation of my job, but it is implied that my employer desires me to be... Read more »

Joseph D. Allen answered on Jul 24, 2019

There are two considerations here. The first is that if you are an hourly employee, you should be paid for all time and overtime you are "suffered" to work by the employer. Overtime might also apply if you are salaried/non-exempt. The second is how much it is worth to you to get paid the extra... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Maryland on

Q: If I'm already working for an company, can they fire me if a background check company doesn't provide a timely response

Let's suppose the background check company is the Federal OPM office, and the background check is for a standard public trust level job that doesn't require a secret or top-secret level clearance and that none of the jobs at your work site are classified. Further, Let's suppose the governments HR... Read more »

Andrellos Mitchell answered on Jul 13, 2019

This sounds like a hypothetical question. An employer can always come up with a reason to deny you a clearance, no matter how high or low the level of the clearance.

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1 Answer | Asked in Employment Law for Maryland on

Q: If you don't take a break at work, can your employer still take the time out from your check?

You're over 18

You've worked over 10 hours

2 hours and 30 minutes worth of money was taken out of the check

Cedulie Renee Laumann answered on Jul 12, 2019

An employer must pay employees for time worked. An employer cannot refuse to pay an employee who could not take a break and who actually worked through the break. If this is the situation, you may wish to consult with an employment lawyer. The laws are set up so that the employer can be forced... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: I work in Maryland, my employer has not provided a pay stub for months and refuses to provide pay history information.

ADP hasn't been updated since May, logging in/and out doesn't register so I don't know if I'm receiving correct wages or if taxes are being withheld. Every two weeks I am put in the position of having to beg for my pay, asking how will I be paid this week..will it be check, wire transfer (which... Read more »

Mark Oakley answered on Jul 6, 2019

File a complaint with the Maryland Wage and Labor Board on the DLLR website; or retain an employment lawyer. You can check whether payroll taxes are being properly paid by checking with Maryland SDAT and the IRS. An accountant can assist you with obtaining those records, if you are not able to... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: Can you be legally denied employment consideration if you choose not to complete a voluntary company form?

Can you be legally denied employment consideration if you choose not to complete a (voluntary company form) outside the standard background check/security clearance forms submitted?

Cedulie Renee Laumann answered on Jul 3, 2019

Very generally speaking an employer has the right to use any criteria it wants for hiring purposes (excepting illegal criteria, like ethnicity for instance). A company ordinarily has no obligation to consider candidates who don't care to follow the company's hiring protocol.

The above is...
Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on

Q: Job knew I had disability. Sent a letter to say come to work, if no note in 6 days your fired. Was time to short?

I identified as a person with a disability. There was a class coming up I needed to be out for 2 days of a 10 day class for disability. Lead said her and manger discussed my request and said I should rethink going to my appointment, resign or they may terminate me. I was unable to attend that... Read more »

Andrellos Mitchell answered on Jun 30, 2019

No, not necessarily. It all depends on the facts, intent, and motivation of your employer, as well as whether or not you followed the law on requesting a reasonable accommodation. The employer knowing you are disabled is not enough. You must make a request for a reasonable accommodation, your... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: Can a employer force a employee to work 12 hr shifts after they were hired for 8 hr shifts? Notice verbal or written?

I will be losing 8 hrs in my paycheck going to 12 hr shifts plus I will be losing my shift differential. We were made aware of this by the unit manager verbally. Shouldn't it be in writing to be legal and come from company CEO? Would greatly appreciate any insight.

Cedulie Renee Laumann answered on Jun 19, 2019

Very generally speaking an employer can freely change work hour requirements. An employer must honor overtime laws and child labor laws and in some cases retail break laws but otherwise can set work hours and shifts pretty much as the employer sees fit. There is no law requiring changes to... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on

Q: Im a federal supervisor. I manage a staff of 8. One of my employees is harassing me with frivolous emails and demanding

Over the last 2 years I have given this employee a letter of reprimand, a PIP, and a proposal for a seven day suspension. My upper level supervisor failed to sign off on the suspension. My upper level supervisor has promised over the last year that this employee would be moved. After a few month of... Read more »

Andrellos Mitchell answered on May 20, 2019

Just based on what you have presented I can't advise you. It requires meeting to discuss the case, review of paperwork, and research. However, it sounds like you may be open to getting in trouble with upper level management and should hire counsel to protect your rights.

1 Answer | Asked in Employment Law for Maryland on

Q: Company losing contract but new company wants me to come work for them. Non solicitation for employees and customers

Restricted period is 1 year and includes prior contracts. Non solicitation references not providing similar services to the business. Can I go work for them? It's almost like being black mailed to only work for my current company.

Joseph D. Allen answered on May 9, 2019

You'd need an attorney to review the non-solicitation clause in the context of the entire agreement, to see if it is enforceable or applies to your planned new job. Your question sounds like it could possibly implicate a non-compete clause rather than non-solicitation.

2 Answers | Asked in Employment Law for Maryland on

Q: I need to sign a contract with an IT staffing Company and I don't understand a clause in it?

Joseph D. Allen answered on Feb 20, 2019

You'd need to ask an attorney to tell you what the clause means. It might be a good idea to have the entire contract reviewed also.

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Q: Is it ethical for an employer to have 1 person who does Human Resources for the entire office inccluding the hiring,

Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »

Joseph D. Allen answered on Feb 20, 2019

There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate against... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: If your told via text that you will get a raise and the area manager says no. Is the text legally binding

Mark Oakley answered on Jan 24, 2019

No, it's not legally binding unless you "gave something up" of substance in reliance on the promise of the raise (known as "detrimental reliance"). An example of that would be that you were offered another position by another employer, and your current employer then made you an offer of a raise to... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on

Q: My employer in Montgomery County md is refusing to put in my accrued sick pay while Im on maternity leave. What can I do

I have already spoken to them once about how they’re messing up my finances at home, and they still won’t put in the paid sick leave forms I’ve given them.

Joseph D. Allen answered on Nov 20, 2018

Maryland employers (that have at least 15 employees) are required to offer only unpaid maternity leave, under the Parental Leave Act. However, under the Maryland Flexible Leave Act, those employers must allow employees on unpaid leave to care for a newborn to elect to use their earned/accrued PTO... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: can an employer change & reduce salary to hourly & say it was based on 45 hours per week if the pay stub clearly say 40?

I’ve worked for the same company for 13 years as a salaried employee. I have to sign a contract as part of a title and career path upgrade that reduces my pay and updates a NCD. I’m still doing the same job in the same spot. When I asked they said my salary was based on a 45 hour work week. The... Read more »

Joseph D. Allen answered on Nov 19, 2018

As long as the employer gives at least a pay period advance notice to employee of a reduction in pay, they are not violating any laws in MD. However, your question raises the issue of whether you were appropriately classified as exempt in the first place- if your job duties have truly remained the... Read more »

1 Answer | Asked in Business Law and Employment Law for Maryland on

Q: Maryland sick/safe law, can you be forceto use your accrued PTO?

Is it permissible for an employer to only allow you to use your sick and/or safe leave if you have the PTO hours to cover said leave? Thus then charging you PTO hours in addition to your sick and/or safe leave hours? This is a job place where the employees are paid predominantly tips, the the tip... Read more »

Joseph D. Allen answered on Nov 12, 2018

As long as the employer's overall PTO policy provides the minimum sick/safe leave, they can require the employee to use earned PTO. However, if the employer does not set aside leave that can only be used for sick/safe purposes, the DLLR guidance states that it "strongly encourages such employers... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: non exempt W2 salaried in Maryland . Company website shows I work 5/40hrs but I work 6 and over 12hrs. Overtime pay?

W2 salaried,I work 6 days and mostly 7 days a week. I supervise cable techs and my day start when they start and end when they end. 12-14hrs a day. They get overtime pay.

My off day, I’m expected to respond to emails and some of my techs work on my off days therefore I supervise them.... Read more »

Joseph D. Allen answered on Oct 11, 2018

If you are classified as non-exempt (even if salaried), then an employer needs to pay you for any overtime you actually work- at your "regular rate of pay." It does sound like your supervisory duties might (or might not) allow the employer to classify you as exempt- as long as you make enough... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: A sick leave law was passed in Montgomery County md My employer refuses to comply anything I can do?

Giant Food policy states part time employees will receive 5 hours ph for every four months of service. Policy also states employees will receive vacation annually based on average work.

The Maryland law states employees will receive 1 hour sick leave for every 30 hours worked. The law also... Read more »

Joseph D. Allen answered on Oct 2, 2018

Both Montgomery County and Maryland now have sick leave laws, and the employer has to comply with the provisions that provide the most protection to the employee. But depending on the size of the employer, the benefits may be limited. And there are employee tenure (length of employment) and hours... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: W2 employee supervising sub contractor

I supervise a mixture of my company’s employees and several sub contractors.

1, should I be compensated for the sub contractors?

2, some sub contractors are suing my job because of coemployment issues and I’ve been subpoenaed to testify whether or not I did, should I have been... Read more »

Joseph D. Allen answered on Oct 2, 2018

The subcontractor's right to be paid/treated as employees is separate from your entitlement to be paid for your work. If you are not being paid for hours or overtime you work (and are non-exempt), then you would probably have a claim. On the other hand, if you are truly salaried exempt (and are... Read more »

1 Answer | Asked in Employment Law for Maryland on

Q: Does an employer have to provide a candidate a tentative offer letter of employment before conducting a background

Employer uses a 3rd party company to conduct the background search, why is there a need for the offer letter which is tentative pending the outcome of the background.

Joseph D. Allen answered on Aug 29, 2018

The EEOC strongly suggests employers give applicants a conditional (tentative) offer of employment before conducting background checks- for similar reasons that some jurisdictions have "ban-the-box" laws. It is to give people with histories of arrest or conviction a chance to get their foot in the... Read more »

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