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Maryland Employment Law Questions & Answers
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.


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 »

Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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1 Answer | Asked in Employment Law for Maryland on
Q: I live in Maryland and I have a brother with a severe drug addiction (currently in his 9th rehab). Can I use FMLA?

I’m the only one in my family who is willing and able to take care of him

Rhiannon Herbert
Rhiannon Herbert answered on Apr 29, 2020

FMLA leave can typically only be used to care for another person if that person is your parent, child, or spouse. However, if you would be assuming day-to-day responsibility for the care of your brother, you may be entitled to FMLA leave based on an "in loco parentis" relationship. Such a... Read more »

1 Answer | Asked in Employment Law and Family Law for Maryland on
Q: My job is changing me from full time to part time 3 weeks before my short term disability leave. Can they do this?

Small company less than 50

Haven’t completed a year yet

Have worked full time my whole pregnancy

Others were let go, I was given part time due to COVID-19

Joseph D. Allen
Joseph D. Allen answered on Apr 14, 2020

Depending on all the facts and circumstances, an argument could possibly be made that the employer is retaliating against you for asking for anticipated foreseeable FMLA/maternity/Maryland leave (even if you might not yet be eligible at the time of the request). However, the pandemic and layoffs... Read more »

1 Answer | Asked in Business Law and Employment Law for Maryland on
Q: received termination saying I executed confidentiality and invention assignment agreement from amazon.

on my day off I received a termination letter from Amazon stating that the reason for termination is I executed a confidentiality and invention assignment agreement. What does this even mean? I am so confused right now.

Joseph D. Allen
Joseph D. Allen answered on Apr 13, 2020

To speculate, given the lack of facts- perhaps the company is alleging a violation of their confidentiality agreement, rather than alleging that you signed one with another company. It might be advisable to discuss with a labor/employment attorney.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Is it unlawful for an employer to provide a false reason for placing an employee on administrative leave?

On March 16th, I was informed that members on my team have been laid-off/furloughed due to the epidemic. On March 19th, using my employers Ethics and Compliance Reporting Hotline, I submitted a report of racial discrimination for an issue that had been occurring for several months. The next day,... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 31, 2020

It's not entirely clear what the substantive difference between being on administrative leave and laid off/furloughed would be in this situation. Also, if the entire building was laid off prior to the complaint (or leave request?) being made, it might be difficult to establish a case of... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

1 Answer | Asked in Employment Law and Immigration Law for Maryland on
Q: If I have an H-1B visa, but my employer puts me on unpaid leave and keeps my employment, what happens to my visa status?
Hector E. Quiroga
Hector E. Quiroga answered on Mar 25, 2020

If you are still an employee, then you should still be in compliance with your visa.

1 Answer | Asked in Employment Law for Maryland on
Q: Can my job refuse to reemploy me because I enlisted in the US ARMY. I gave my resignation and sent copies of paperwork.

I gave my job my notice of resignation due to enlisting in the US ARMY. I just found out that my ship out date was pushed out to at least May 19 due to the coronavirus. I was only able to give them a one week notice due to the original date being 3/24/20. When I tried to ask if I could back to work... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 24, 2020

On the limited facts given, USERRA would seem to apply to this situation, and might protect the right to reinstatement following the change in ship out date. However, you'd need to discuss all the facts and circumstances with an attorney. It might be a situation where hiring an attorney to... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: If I won a OAH case and the other party filed a motion does the judge have to grant it
Joseph D. Allen
Joseph D. Allen answered on Mar 19, 2020

Depends on what sort of motion. Most "motions" are ruled on by judges by applying the law and facts to whatever it is the party is requesting the judge to do. If the "motion" is something like a timely filed notice of appeal, then there would generally be no discretion to... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I was terminated after 9 months, employer stated I was not qualified. I had to complete presentations & pre-employment

Is this legal? I passed pre-employment skills testing, etc.No warings ( written or verbal), etc. No reviews or 1 on 1 meetings.

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Generally speaking, you are working in an "at-will" state which means an employer may terminate you for any reason or no reason at all. Unless the termination was based on your membership in a protected class or you engaging in a protected activity, you likely do not have any recourse. I... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can employees who help supervise take part in tip pooling, when they are the ones working the floor and earning tips?

I’d like to add tipping to a service based diy art studio, but want to make sure it is fair to my whole staff. Staff help customers and potentially earn tips and do backroom work to finish customer creations.

Everyone is paid at or above state minimum wage, and I won’t be taking a tip... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jan 31, 2020

Unfortunately, there is no clear definition of supervisor or manager in the 2018 amendment to the Fair Labor Standards Act (FLSA). Nor is there guidance on how an employer should handle a situation where a "manager" does not always act in that capacity. There are policies and practices... Read more »

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