Lawyers, Answer Questions  & Get Points Log In
Maryland Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Maryland on
Q: Can a PBJ from over 10 years ago in MD show or be used against me on a background check for a job Not gov or state?

This is a manager position

Mark Oakley
Mark Oakley answered on Sep 4, 2021

A PBJ disposition will show unless it has been expunged. And, a PBJ disposition can be expunged. Therefore, you need to file an expungement petition ASAP. Contact a lawyer to get started.

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer make you take a poly test for something missing off their property that has nothing with the business?

Employer is threatening to fire if you do not do the poly test. Again what is missing has NOTHING to do with her business

Mark Oakley
Mark Oakley answered on Aug 20, 2021

Unless you are working for a government office or agency, or under a union contract or employment contract, for which specific protections are provided against such a requirement, the generl rule for private employers and employees is that you are an "at-will" employee, meaning you can be... Read more »

1 Answer | Asked in Contracts and Employment Law for Maryland on
Q: I have a question about retainers.

If a client has hired a a freelancer and signed a retainer agreement, does the freelancer have the responsibility to keep the client updated on the hours being billed.

Can the freelancer surpass the agreed upon hours without notifying client and ask for surplus hours at a later. In this... Read more »

Mark Oakley
Mark Oakley answered on Aug 17, 2021

Not enough facts to evaluate. Need to see the contract, and then go over facts and course of conduct of the parties after the contract was signed, and the knowledge of--and receipt of the benefit by the client of-- the work performed by the freelancer. If the client received above and beyond what... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Hello, How far back does a pre employment background check go in Virginia?

Would a simple marijuana misdemeanor from 2010 show up?

Mark Oakley
Mark Oakley answered on Aug 9, 2021

Generally, absent the employer's request to limit the time frame, it will go all the way back to as early as records exist. 2010 is not that long ago, generally speaking, but many employers discount of ignore offenses older than 10 years, expecially minor marijuana charges. You should,... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Manager hired the same position I already hold. Just had an “exceeds expectations” review. Vague about this new person.

I’ve had my job for 11 mos. now & just had a 4/5 review & 6% salary increase. 3 mos. ago, saw an internal posting for my same job title! I asked Hr & they said I’m doing well & not to worry. My mgr posted it, so HR said I could ask my mgr for details. My mgr never mentioned it... Read more »

Mark Oakley
Mark Oakley answered on Jul 18, 2021

This is not a legal matter or law question. Unless you have a written employment contract that says or provides otherwise, you are an at-will employee, meaning you can be fired at any time for any nondiscriminatory reason. Maybe they’re planning on replacing the more expensive payroll employees... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Workers' Compensation for Maryland on
Q: employer asking me to pay him money for my H1B visa transfer

Employer didnt find me a project for 5 months. He didnt pay me salary and is asking me to pay for the one month salary paid during the no work period, H1B transfer. He is threatening to collect it from my reference person incase I fail to pay.

Kevin L Dixler
Kevin L Dixler answered on Jul 14, 2021

Well, this seems like a questionable action, but you appear to have fallen out of status. This appears to be a less than bona fide employer. There is outstanding salary that you are entitled to, but you will have to file a complaint with the Department of Labor.

Your decision to remain...
Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: My Co revised the vacation policy and issued a new handbook. My Offer letter gave me more vacation. Will I lose vaca?
Rhiannon Herbert
Rhiannon Herbert answered on Jun 23, 2021

There is no law that requires employers to offer benefits like paid time off to their employees. If employers do offer paid time off, they have the power to decide how (and how much) vacation time their employees receive. Employers can also change their paid time off policy if they choose, so... Read more »

1 Answer | Asked in Contracts, Employment Law and Public Benefits for Maryland on
Q: Employer claiming breach of contract on bogus claims and withholding wages. How do I proceed?

After submitting a two-week notice, my employer claims I have breached my employment contract on largely bogus claims. He has also withheld a previous paycheck. I was given an impossible number of tasks to complete during my final two weeks, and he is claiming not completing these tasks is a breach... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 21, 2021

If you are an employee, you can file for unemployment comp alleging a change in work conditions.

As to at will employment--that's what everyone is. He can't withold wages for work done. Take his advice and call a wage-hour attorney,

1 Answer | Asked in Employment Law for Maryland on
Q: Job Repayment Obligation

Hi, I am trying to understand repayment money I owe to my previous employer. Here is what happened, I started working remotely in May 2020 but did not move to actual location until August 2020 due to Covid-19 pandemic. I quit my job in May 2021, one year after I was hired. Relocation contract... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Hello, more information is needed here. Has the company contacted you about the possible repayment obligation? I would reach out to an employment law attorney in your state for a consultation.

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... Read more »

Eydie R. Vanderbosch
Eydie R. Vanderbosch 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... Read more »

View More Answers

1 Answer | Asked in Employment Law for Maryland on
Q: can my employer force us and make it mandatory to get the covid vaccine or be fired

my job made it mandtatory to get the vaccine or lose your job...is that legal? can they do that?

Rhiannon Herbert
Rhiannon Herbert answered on Apr 14, 2021

Generally, the answer to this question is yes. However, there are two main exceptions: (1) if you have a disability that renders you unable to receive the vaccine; or (2) if you have a religious objection to the vaccine. If you fall under one or both of these, then you are permitted to request an... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Is Double Jeopardy in the workplace real ?
Scott Scherr
Scott Scherr answered on Mar 9, 2021

Double jeopardy only applies in criminal cases. It prevents a defendant in a criminal case from being tried twice for the same crime. There are requirements in order for jeopardy to attach.

Double jeopardy does not apply in civil cases including employment cases. If you have an employment...
Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I'm working an 40 hour work week, no lunch break and no breaks during the shift. WHat can I do

I"m on a contract with a security company for an insurance company, no breaks

Kyle Anderson
Kyle Anderson answered on Feb 24, 2021

Generally speaking, employers are not required to provide breaks, unless you are a minor under the age of 18. If you need a break for medical reasons, I would reach out to an employment attorney in your state for a consultation.

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... Read 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.

Q: I was denied employment due to CBD oil usage for insomnia. The product label DID NOT state the possibility of THC.

I was using CBD oil from a large retail store (Vitamin Shoppe) for insomnia. The label on the bottle or packaging DID NOT state the possibility of positive THC in drug tests, thus made me think I was safe in using the product. My drug test came back positive for THC and was denied employment even... Read more »

Mark Oakley
Mark Oakley answered on Jan 12, 2021

CBD oil and other hemp-based products are not yet regulated by the FDA, and the 50 states all have 50 different regulatory schemes for this product. In short, there is little legal requirements regarding listing ingredients and THC concentrations. Legal hemp, as opposed to illegal or regulated... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Is a company policy to not give holiday pay until after 90 days for salaried exempt employees legal?

It says in the job offer that all employees are eligible for holiday pay after 90 days. But as salaried exempt shouldn't those employees get the same salary every week?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 6, 2021

Employers are not required to offer paid time off for any time you are not performing work (in this case, pay on holidays you don't work). This is true regardless of whether you are paid hourly or receive a salary, so there is nothing inherently unlawful about this policy.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: best place to find pro bono attorney for federal wrongful termination representative

against dept of Navy

Mark Oakley
Mark Oakley answered on Jan 5, 2021

Lawyers who handle federal employment discrimination and wrongful termination cases usually do so on a contingency fee basis, meaning you pay no money up front, and the lawyer receives a percentage of the recovery if there is one, or an award of fees under the relevant statute (if any), and no fee... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: In the state of Maryland, how many miles from your residence to employment is determined to be reasonable?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

Employees are free to work 5, 25 or 100+ miles from their place of employment (or any other distance), so the question isn't clear. The law doesn't mandate how far someone lives from their job and it is purely up to each person to decide what kind of commute they're comfortable... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an unlicensed laborer take a homeowner to civil court if a homeowner refuses to pay for a job not done properly?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Oct 6, 2020

There are not enough facts here. Anytime someone isn't paid for a job they were hired to do they could in theory sue. A lot of labor would fall under that category. However, the law has a theory that someone who is themselves in the wrong usually can't get the law to provide them... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Maryland on
Q: I am an African American male , that has been dealing with haraasment, retaliation n more from my work place.

When I reported it to HR not once but twice I was told that He was within his right as a manager to do that. They never took what I report serious as a result I was fired n refused to resign. I believe the is a serious cover up between HR and this adminstration n department. Im in the Baltimore, MD... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Oct 1, 2020

Well, you didn't pose a question so there is no answer necessary. However, if you felt your rights were being violated why didn't you file an EEOC Complaint? You may still be able to. Your facts were so thin, it's impossible to tell what your rights may be.

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.