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Maryland Employment Law Questions & Answers
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.

Hello,

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 »

1 Answer | Asked in Employment Law, Election Law and Employment Discrimination for Maryland on
Q: I interviewed for a position that is a step above my current job. The woman that was hired has no experience

She is the president of the Board and as such was the appointing authority for the director who conducted the interviews. There is a close personal relationship between the two. Do I have any recourse?

Joseph D. Allen
Joseph D. Allen answered on Jan 29, 2020

There isn't generally a civil cause of action for nepotism or conflict of interest for an aggrieved employee. Depending on who the employer is, there might be an internal grievance procedure. Or, if it can be established that there was discrimination against the employee on the basis of a... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I was fired for calling out for a family medical emergency do I have a legal recourse?

I was on the last stage of disciplinary action, my wife had an out patient procedure and the next morning she started hemorrhaging badly. I called my supervisor and told him that I have a family emergency and I would need a to be out with his permission given the position that I was . He said OK... Read more »

Joseph D. Allen
Joseph D. Allen answered on Jan 23, 2020

Possibly- it depends on all the facts and circumstances, but the employer's action could be a violation of FMLA or the MD Sick/Safe Leave law. Employees faced with an unforeseeable medical emergency generally only have to give notice as soon as is practicable under the circumstances. But... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Employee broke time clock screen, can he be made pay for an entire new time clock or just costs to fix the damages?

The employee came to work and because time clock would not accept his punch in, he smashed the screen. The time clock did not work afterwards. He was disciplined and received a written counselling for his actions and made pay restitution for damages. Now they come up with a cost to replace the... Read more »

Joseph D. Allen
Joseph D. Allen answered on Dec 19, 2019

The general rule is that actual damages are all that can be recovered- a fancy upgrade to a piece of equipment might not be in that category. But additionally, there are separate Maryland and federal laws regarding withholding pay from an employee (as opposed to demanding they pay).

1 Answer | Asked in Traffic Tickets, DUI / DWI, Employment Law and Car Accidents for Maryland on
Q: What about the driver is drunk and also do a hit and run

Ok got into a accident and the other driver was drunk and did a hit and run

Also getting on the bus the mta driver had ear phones in his ear so he didn't follow the rules so i want to sue both of them

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Contact a member of the Md. Assn for Justice. They give free consultations. Not clear if you were in a car, on the bus, or what, so I can't advise you further.

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer legally assign non-exempt duties to an exempt supervisor to avoid paying a non-exempt employee overtime?

I'm a supervisor in Maryland, and already overwhelmed with 60-80 hours of work/wk. Can my employer keep loading on responsibilities without any limits? And if I say that's not my job or I'm already overwhelmed with work, they can terminate me? Basically, I worked my way up and... Read more »

Joseph D. Allen
Joseph D. Allen answered on Oct 17, 2019

There are limits to how much an employer can get away with. One question is if the employee is appropriately classified as exempt, given their overall duties and responsibilities. Another is if the employee is actually performing two separate jobs (one exempt, and the other non-exempt), and... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Does your company have to pay out accrued vac time if the maturity date in with in the last 2 weeks of your empowerment?

The company has a policy that they will pay out any unused accrued time if you give the proper notice. If u give 2 weeks and the anniversary date to release the time is in that window, is the company required to pay you out that time u have been accruing since last year even though these are the... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 28, 2019

It depends on exactly how the policy is worded. Or if it is silent about this situation, it becomes a matter of interpretation. You can either inquire with them (assuming you've already given notice, of course)- or wait and see what happens. If they deny it, then depending on how much you... Read more »

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