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Maryland Employment Discrimination Questions & Answers

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.

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 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 Discrimination and Sexual Harassment for Maryland on

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

He send me in appropriate texts messages with a provacotive outfit attached to the text. He calls me a xxx ..and this is just a little bit of what's going on.

Joseph D. Allen answered on Oct 2, 2018

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.

1 Answer | Asked in Employment Discrimination for Maryland on

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

OSHA lifting guidelines. I was already currently in treatment for a work back injury when I was assigned the new task. My supervisor and personnel officer had already warned me that if I refused any assignments I would be disciplined. I was sent to the State Medical Director for a workability eval.... Read more »

Joseph D. Allen answered on Sep 25, 2018

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.

1 Answer | Asked in Employment Discrimination for Maryland on

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

I have requested a religious accommodation, I have provided my religion and my place of worship but they are asking me to provide the leaders name and email and I feel this is way too personal. Are they allowed to ask this?

Joseph D. Allen answered on Aug 30, 2018

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.... Read more »

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

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

I applied to a position and it said I was not qualified based off of not having a high school diploma because I’m still in school.it is not stated in the requirements section of the job description that was sent by the company The district manager and human resources manager told me I would get... Read more »

Joseph D. Allen answered on Aug 13, 2018

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... Read more »

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

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

My partner was the only person terminated from her job (out of 4)when the company was told employees were seen consuming alcohol on lunch break at a restaurant. An employee of walmart went to the location and confiscated receipts and video prooving the employees were drinking. Despite the other 3... Read more »

Joseph D. Allen answered on Aug 7, 2018

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... Read more »

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

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

job but was not offered any additional compensation even though I was told I was not qualified. I spoke to the manager regarding possibly discussing compensation for the office management responsibility that I have been doing for the past 9 months and was ultimately accused of something I did not... Read more »

Joseph D. Allen answered on Aug 2, 2018

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... Read more »

Q: Should I take legal action against my boss?

I got in a car accident while at work and I’m 26 weeks pregnant. While doing my run picking clients up I was rear ended pretty hard and my boss didn’t take me being hurt or if my unborn child was okay into consideration. She was more worried about me finishing my run. When I got back to the... Read more »

Joseph D. Allen answered on Jul 26, 2018

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... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Entertainment / Sports for Maryland on

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

John Espinosa answered on May 28, 2018

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.

1 Answer | Asked in Employment Discrimination for Maryland on

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

I have found a non allergenic piece that could accommodate my allergy. I was removed from the program 2 days before graduation. I was forced to resign or terminate. I was in an emotional state and was confused. I served in the navy and have dreamed about being a flight attendant. I even suggested... Read more »

Terrence M. Nolan answered on Apr 30, 2018

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.

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

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

I feel like I am in alone in fighting this case, as we are in the discovery stages and only I am viewing all the documents. I also believe that he might be working with the state to get a low settlement. I have been demoted, fired, harassed and lost my retirement. What can I do.

Andrellos Mitchell answered on Apr 10, 2018

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.

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

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

60 days into a new job- I came into work throwing up but ready to work. The doctor I was working for asked me to go home. Now during my review they are using that against me saying it was an unexcused day.

Ronald V. Miller Jr. answered on Mar 8, 2018

This is a employment question not a malpractice question and you should probably pose your question to the employment lawyers on here.

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

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?

I was told by management that I need to provide another doctors note stating that I require the use of a chair. I work full time in retail at DSW and I'm always on my feet. Not to mention I don't always get my breaks.

Jonathan C. Puth answered on Jan 8, 2018

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... Read more »

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

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

the super I went to work for could not keep good help and always blamed his short comings on his workers he tried to intimidate me by telling me I had to work ten hours a day on his job not ask you to work mind you as he was behind schedule I have seen him personally run of 4 people since I... Read more »

Cedulie Renee Laumann answered on Nov 21, 2017

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... Read more »

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

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.

I was discriminated against the entire 10.5 months I worked there. By my boss and co workers and now they are lying to unemployment about why the fired me Do I have any legal recourse?

June Marie Marshall answered on Aug 30, 2017

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.

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

Q: can I sue my work company for difamation

I work for this company and today I was brought to HR due to this incident were 2 or more of my coworkers teamed up for difamation about me saying inappropriate things about my boss. HR said that she did an investigation and she came to the conclusion that since there were more than 2 people... Read more »

June Marie Marshall answered on Aug 22, 2017

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.

1 Answer | Asked in Employment Discrimination, Personal Injury and Libel & Slander for Maryland on

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

Only because I left the company without giving notice, because I couldn't tolerate disparaging statements against my ethnicity?

Jonathan C. Puth answered on Jun 27, 2017

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).

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

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

I was approached by a recruiter of a technology company in Maryland and was offered a position that would require me to relocate my family. I received an offer letter and sent it in, officially locking in my position with the organization. When I was asked about criminal history, I disclosed that... Read more »

June Marie Marshall answered on May 17, 2017

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... Read more »

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