Joseph D. Allen's answer 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 worked requirements as well. You should speak with an employment/labor attorney about the facts of your situation.
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.
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.
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.
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...
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.
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.
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...
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.
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...
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.
Cedulie Renee Laumann's answer The employer should pay a departing employee for earned hours by the next regularly scheduled paydate. If the question is asking about accruing pay after termination, unless there is a contract an employer does not need to pay beyond hours earned at time of departure.
You may wish to contact the Department of Labor and/or an attorney for more information.
Cedulie Renee Laumann's answer The Family Medical Leave Act ("FMLA") gives "eligible employees" of "covered employers" the right to take unpaid leave of up to 12 weeks for the birth of a child. Not every employee is covered under this law. You may wish to talk with your HR department and/or an attorney to determine whether the FMLA protections apply to you.
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.
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).
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.