Maryland Employment Discrimination Questions & Answers

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

1 Answer | Asked in Employment Law, Workers' Compensation, Employment Discrimination and Gov & Administrative Law for Maryland on
Answered on Feb 20, 2019
Joseph D. Allen's answer
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 employees for filing claims, nor can they provide false information about the circumstances of an injury in an attempt to have the claim denied.

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

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Answered on Nov 20, 2018
Joseph D. Allen's answer
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 instead of unpaid leave. You could either inform your employer of that law and ask them to reconsider, file a complaint with the DLLR, or hire an attorney (who may or may not take your case on...

Q: I am being sexually and mental harrassed by my employer

1 Answer | Asked in Employment Discrimination and Sexual Harassment for Maryland on
Answered on Oct 2, 2018
Joseph D. Allen's answer
Make sure to document your encounters with the employer, and save all of the inappropriate/harassing texts (preferably on a separate device from your phone). You should speak with an employment/labor attorney about the facts of your case.

Q: As a state employee I was injured on the job when my supervisor assigned me a lifting task that significantly exceeded

1 Answer | Asked in Employment Discrimination for Maryland on
Answered on Sep 25, 2018
Joseph D. Allen's answer
If you have a workers comp attorney, they should be able to help you with that. If you don't, you should get one. Generally speaking, you do have a right to see what is in your personnel file.

Q: What is a company allowed to ask when an employee requests a religious accommodation?

1 Answer | Asked in Employment Discrimination for Maryland on
Answered on Aug 30, 2018
Joseph D. Allen's answer
The employer needs to have an objective basis to doubt the sincerity of your religious beliefs. But if they do, they can ask for more information. How much information they can ask for is not a bright line- but them asking for contact info is definitely approaching that line, if not crossing it. Keep in mind also that they do not have to accommodate the request if it poses an undue burden to the employer.

Q: Can in employer deny your job and say you’re not qualified if in the requirements section it does not state it

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 13, 2018
Joseph D. Allen's answer
The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you turned 18. Unless you have a written employment contract, they can always change their minds- for instance, based on their misunderstanding that you had a high school degree. Based on the facts you put...

Q: Is it legal for your employer to get video surveillance and proof of purchase receipts from another establishment?

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 7, 2018
Joseph D. Allen's answer
There does not appear to be anything wrong or illegal about gathering the surveillance video and receipts. However, if the only employee that was fired was not drinking (the video should back this up)- and the only one fired- this could potentially be a discrimination claim. Your partner should discuss with a labor and employment attorney.

Q: I applied for a promotion with the company and was turned down for the job and someone was hired but was asked to do the

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 2, 2018
Joseph D. Allen's answer
There are too many unknown factors involved here for a comprehensive answer. Generally, an employer can ask you to do additional tasks without an increase in pay. You suggest that there could be discrimination involved, but provide no basis on which to evaluate whether there is any sort of discrimination by the employer in the failure to promote/give raise or the disciplinary action. It may be worthwhile to speak with an employment/labor attorney who offers free initial consultations.

Q: Should I take legal action against my boss?

1 Answer | Asked in Civil Rights, Employment Law, Workers' Compensation and Employment Discrimination for Maryland on
Answered on Jul 26, 2018
Joseph D. Allen's answer
As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly seems inconsiderate and foolish of your employer to have you fill out the incident report form before getting medical care- but it is not clear whether that would create civil liability outside the...

Q: Can Delaware north sports group at Camden yards take a non profit volunteer without permission of the sub contractors

1 Answer | Asked in Employment Discrimination, Employment Law and Entertainment / Sports for Maryland on
Answered on May 28, 2018
John Espinosa's answer
This sounds like a matter of contract. Have any attorney review the applicable contracts with your subcontractors to determine if you need their pernission or not.

Q: I was fired from flight attendant training because of a latex allergy.Can they legally do that?

1 Answer | Asked in Employment Discrimination for Maryland on
Answered on Apr 30, 2018
Terrence M. Nolan's answer
Under Maryland law, you can be filed with or without cause, at any time. You need to check Ohio law and see if there are better laws for you. Did they pay you what they owed you? If not, you may be able to recover that money.

Q: I have a discrimination case in federal court. Should I use video for deposition. What's more expensive?

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Answered on Apr 10, 2018
Andrellos Mitchell's answer
I presume you have a lawyer. If you are not satisfied with your lawyer, why not hire a new one.

In my experience, videotaped depositions are always more expensive than traditional depositions.

Q: During 90 day probation, if employee came to work sick and was sent home can that absence being used against them

1 Answer | Asked in Medical Malpractice, Employment Discrimination and Employment Law for Maryland on
Answered on Mar 8, 2018
Ronald V. Miller Jr.'s answer
This is a employment question not a malpractice question and you should probably pose your question to the employment lawyers on here.

Q: Can I be denied a chair at work at 37 weeks pregnant although I've provided a doctor's note stating I'm pregnant?

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Answered on Jan 8, 2018
Jonathan C. Puth's answer
You should follow your employer's direction to provide a medical basis for your request for a chair. Accommodations for pregnancy may be covered by the Pregnancy Discrimination Act and the Americans with Disabilities Act, but your employer does have a right to seek medical support for your accommodations request. If you obtain a doctor's note indicating that because of your pregnancy you need to sit then your employer should be obligated to accommodate you. If they don't even after you...

Q: can I be terminated for refusing to work more than 8 hours due to intimidation

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Nov 21, 2017
Cedulie Renee Laumann's answer
Generally an employer can set hours and can terminate an employee who does not work the scheduled hours. That being said, certain youthful employees may have restrictions on the maximum number of hours worked and under the Fair Labor Standards Act, most employers must pay overtime when an employee works more than 40 hours in a given week.

If you have further specific questions you may wish to consult with an employment lawyer.

Q: I was terminated from my GM job on 8/3/17. The company is now denying unemployment and lying about why they fired me.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 30, 2017
June Marie Marshall's answer
You can appeal the denial of unemployment and request a hearing. You will have to provide evidence disputing the employer's claim about why it fired you.

Q: can I sue my work company for difamation

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 22, 2017
June Marie Marshall's answer
Your defamation claim would be against your coworkers. You have to have evidence that you did not say what they reported. Regarding HR, since Black and Decker is a private company, you should check their disciplinary action policies to see if you have any recourse.

Q: Can I sue a company because it is retaliating against me by providing lies to future prospective employers?

1 Answer | Asked in Employment Discrimination, Personal Injury and Libel & Slander for Maryland on
Answered on Jun 27, 2017
Jonathan C. Puth's answer
If you complained of discrimination or harassment based on your ethnicity, yes, your employer may be held liable for retaliation if that's what motivated them to do so. The Supreme Court decided that issue in Robinson v. Shell Oil Co., 519 U.S. 337 (1997).

Q: Is it possible to sue an employer in Maryland?

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Maryland on
Answered on May 17, 2017
June Marie Marshall's answer
Generally, employment is "at will" in the state of Maryland, i.e., at the will of the employer or at the will of the employee. You may have a breach of contract if you can show that you and the employer made a contract for employment and the employer breached that contract by dismissing you. You would have to have evidence that there was a contract (oral or written agreement between the parties), there was consideration (money or promises exchanged), and the employer breached the contract and...

Q: I am a nurse in MD, I turned my 2 weeks in, due to a unhealthy, hostile work environment.

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Answered on May 3, 2017
June Marie Marshall's answer
It's not clear from your statement if you were involuntarily terminated (when you were escorted out) or if you were asked to leave the workplace but you were going to be paid for the remaining two weeks. According to your statement, you voluntarily resigned with two weeks notice. You are not entitled to unemployment if you resigned. If your employer fired you instead of letting you resign, it would depend on the reason for the termination. If it was for performance reasons, you may be...

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