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Maryland Employment Discrimination Questions & Answers
3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Mark Oakley
Mark Oakley
answered on Oct 1, 2024

If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's... View More

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3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Lee Eidelberg
Lee Eidelberg
answered on Oct 1, 2024

There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that... View More

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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 Discrimination, Employment Law and Personal Injury for Maryland on
Q: On the affidavit when it says, “plaintiff claims “, would the principal amount be the amount in suing my employer for?

I plan on filing suit against a previous employer. I’ve spoken to a lawyer but I can’t afford his hourly fees so I plan to proceed without one for now. My previous employer’s lawyer reached out and said they are reviewing documents submitted by both myself and my previous employer. However,... View More

Tim Akpinar
Tim Akpinar
answered on Nov 13, 2024

A Maryland attorney could advise best, but your question remains open for a week. It isn't fully clear what you're suing for, but your categories include "Personal Injury." If this involves an injury sustained at work (in the course of employment), you may want to consider... View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: When serving a complaint affidavit to a company, do you send it to the headquarters office if they have multiple loc?

I tried settling the issue alone and submitted a demand letter back in June. Since then my previous employers lawyer has said they would call me back but doesn’t. Says the claim is being investigated but can never provide any details. The adjusters have also been doing the same thing as far as... View More

James L. Arrasmith
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answered on Oct 2, 2024

When serving a complaint affidavit to a company with multiple locations, it's generally best to send it to the headquarters. This ensures that your documents reach the main legal department responsible for handling such matters. Additionally, you might want to send copies to the specific... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Health Care Law for Maryland on
Q: I got H pylori in prison in 2016 now i’m released and on short term disability

Diagnosed in prison 2016

Wasn’t taken seriously or treated until 2020

Released in 2023

Late Summer 2024 it’s back and the levels are higher and now I’m on short term disability and cannot work. Am I able to seek legal action due to this?

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to seek legal action based on the delay in treatment and the recurrence of H. pylori, especially if it has led to significant health issues and financial loss. The first step would be to assess whether there was negligence in your medical care during your time in prison and... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Civil Rights for Maryland on
Q: To whom it may concern I was verbally and physically abused in hostile work environment by my boss. Is there a case?

I was operating a fork lift with in 3 minutes of being on it the foreman. Came and told me to get the F off the forklift because they have first priorities for it. As I instructed the co workers with me that the foreman is picking and had full intentions on trying to get me fired so it’s best... View More

James L. Arrasmith
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answered on Jul 28, 2024

You might have a case for compensation due to the hostile work environment and the physical and verbal abuse you experienced. It’s important to document everything that happened, including the names of witnesses, the time and date of the incident, and any medical records related to your injury.... View More

Q: How do i get away from workplace discrimination when its wild spread throughout the agency EEO cant stop them.

Md state agency

James L. Arrasmith
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answered on Apr 11, 2024

Discrimination is never acceptable, regardless of how widespread it may be within an organization. If you are experiencing or witnessing discrimination, the appropriate course of action is to report it through the proper channels and seek assistance in addressing the issue.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Maryland on
Q: I was accused of missing 2 COVID tests and was then fired in 2022. That ended my almost 10yr career. Any legal recourse?

My former employer gave no opportunity to appeal their decision and I had no other disciplinary issues at the time. In fact, I received several merit awards from the company (some monetary) for my outstanding performance at the time. For reference, I live in West Virginia, but my former employer... View More

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information you provided, you might have potential legal recourse, but it depends on various factors. Here are some considerations:

1. At-will employment: Maryland and West Virginia are both "at-will" employment states, meaning that an employer can generally terminate...
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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 and Employment Discrimination for Maryland on
Q: Hello I went out on short term dis for throat cancer 4-6-23, and just received a letter saying I was fired, can you help

I am currently unable to work with a treach tube, feeding tube and 2 small blood clots in my lungs. And then I get news that I'm fired??? Can some ne please help me?

Cynthia Pietrucha
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answered on Aug 15, 2023

I'm so sorry to hear about your situation. My firm provides nationwide representation to individuals who are terminated while seeking medical care. We file FMLA interference and retaliation lawsuits. We have helped many individuals fired while getting cancer treatment. www.pietruchalaw.com

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: As an Ex-employee Can I receive a no trespassing order from the business with no stated reason?

I left my job due to unsafe conditions of bugs , and trespassers coming at night. Now my ex employer is signing a no trespassing order on me and I don’t have a reason stated why

Scott Scherr
Scott Scherr
answered on Apr 27, 2023

Your employer does not need to give you a reason. Anyone can issue a no trespassing order for any reason. It is their property. You should stay off their property.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my employer keep my entire check for repair costs of a company vehicle?

I’m a full time non CDL driver. On 6/1/22 I was cut off going through a toll booth and ended up damaging the side mirror of the company truck I was operating. On 6/3/22 I contacted dispatch asking if I was on schedule for the day. I was. I also got paid this day and they deducted $50.00 from my... View More

Mark Oakley
Mark Oakley
answered on Jun 11, 2022

Go to his site, and follow the procedure for filing a claim/comlaint:

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml

Alternatively, you can try to find an employment lawyer who would be willing to file something for you.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my former employer prohibit me from talking to current employees?

I quit do to family issue. It was abrupt and I sent out a message to apologize for my sudden departure. A GM I trained reached out to me and asked for advice. I told them my advice and some other things they should be mindful of. Today my DO who had not said a world to me when I left due to family... View More

Mark Oakley
Mark Oakley
answered on May 14, 2022

He can send you texts, letters and talk to whomever he wants. You can do the same. Unless you signed an NDA, the only thing to worry about is a defamation suit--and the truth of what you say is a complete defense to a defamation claim. If you signed an NDA, have a lawyer review it to determine... View More

1 Answer | Asked in Employment Discrimination for Maryland on
Q: Can an employer ask an employee for a writing sample BEFORE they apply to an internal job when not a requirement in JD?

An AA employee inquired with management about an open internal position they were thinking about applying for. Management told employee to send a writing sample by replying to 2 questions they sent employee via email, and it would be reviewed by manager and Team lead and they would follow up with... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2022

I assume your employer already knows your race, so it would hardly be necessary for them to require a writing sample to identify you as an African American based upon your English language usage, if they have a racist intent to discriminate against you for being AA. While calling the recent... View More

1 Answer | Asked in Employment Discrimination for Maryland on
Q: I am being pressured by my employer to receive the Covid19 injection against my will. What is my recourse?
Mark Oakley
Mark Oakley
answered on May 6, 2021

Although the EEOC has not directly answered the question, it appears vaccine mandates by employers are permissible, subject to some obligation to accommodate an employee's religious beliefs or disability (under the Americans With Disabilities Act) that precludes their vaccination. If an... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can a job terminate you for an invalid reason, retract the termination & offer you a different position at a lower rate?

My termination was retaliation due to complaints of discrimination & inappropriate touching against my peers. I challenged the termination & they tried to force me to take a lesser position. I have no previous work performance issues. The HR department is refusing to allow me access to my... View More

Eydie R. Glassman
Eydie R. Glassman
answered on Apr 27, 2021

You should find an employment lawyer in your state to see if you have claims for discrimination and retaliation. You would also have a claim for the company denying you access to your personnel file. They m ay attempt to dispute your unemployment benefits so it is good that you have both letters... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: I was terminated from a bus operator position in Montgomery County Maryland for a background check.

I was informed that I was terminated by the hr department because their investigator said not to proceed and that they could not disclose anything further that I would have to talk to the investigator. The investigator will not respond to me me after several attempts to contact him. I can... View More

Andrellos Mitchell
Andrellos Mitchell
answered on Feb 10, 2021

So, hire a lawyer and go meet with the investigator or do a 3-way on the telephone with your lawyer and the investigator. How are you going to move forward if you don't know why you were terminated? First things first.

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