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Maryland Employment Law Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: federal ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges or convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI... Read more »

Scott Scherr
Scott Scherr
answered on May 6, 2022

You will be eligible for expungement 15 years after the end of probation/parole which looks like it will be in 2024. If you received probation before judgment, it can be expungement now. They will definitely see the conviction in the background check. All you can do is be honest and disclose it and... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: CAC (federal) ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI (low... Read more »

Mark Oakley
Mark Oakley
answered on May 6, 2022

The FBI performs all criminal background checks for federal agencies, and they use the FBI's internal (non-public) database (which is different from the FBI nationwide database generally used by state and local law enforcement and private employer background checks). The distinction is... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I worked for baltimore county public schools as a bus driver. I was fired due to a PBJ conviction.

stemming from a hit and run. Was this termination legal ?

Scott Scherr
Scott Scherr
answered on Apr 13, 2022

Since you drive a school bus, you must have a CDL. A probation before judgment is not a conviction, but a probation before judgment for a hit and run can possibly affect your CDL. I am not an employment lawyer, but a probation before judgment for a hit and run can probably be considered by an... Read more »

1 Answer | Asked in Employment Law and Business Law for Maryland on
Q: My boss has a camera in my office I did not know about. Is this legal?

We have many 24 hour security cameras at my workplace in most of the rooms and offices. Some are only visual and others also record audio. All are placed in various corners of ceilings so we are aware our boss can monitor us. My office is one of the few that does not have a camera in the room.... Read more »

Mark Oakley
Mark Oakley
answered on Jan 23, 2022

Sounds like it is time to start looking for employment elsewhere rather than continuing to work in this creepy, untrustworthy surveillance atmosphere. The employer either shows zero faith or trust in his employees' honesty or is some kind of pathetic voyeur. Surveillance makes sense for... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: HELP: Ex boss/ friend threatening to sue me and wants me to pay 4500 in training reimbursement fees?!

I’m dumb and don’t remember what I signed. Can I ask for a copy of my contracts signed when I first was employed?? Wants me to pay 4500 for training reimbursement (which is a lot for the training), can I ask for a copy of the contract without paying for it later if I can’t afford to pay the... Read more »

Mark Oakley
Mark Oakley
answered on Jan 21, 2022

Of course you are entitled to see all contracts and invoices to support the basis and amount of her claim. Demand it. Tell her upon receipt of all the proof for her claim, and the exact written terms of the contract that spell out your and her obligations, you will review the matter with counsel... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Question regarding Maryland Sick and Safe act

Q: I reside in Pennsylvania but work in Maryland. I need clarification on Maryland Sick and Safe Leave

Roughly a year ago I started a non contract position at a firm located in Maryland.

Our firm employees roughly 32 people

Recently I hade to take time off for surgery.... Read more »

Mark Oakley
Mark Oakley
answered on Jan 16, 2022

It depends on the number of employees. Read the details of the Act here:

https://www.dllr.state.md.us/paidleave/paidleaveposter.shtml

1 Answer | Asked in Government Contracts, Contracts and Employment Law for Maryland on
Q: I have 2 questions actually about 2 different incidents. First I was fired from Old Federal Tool Company because i had

because i had court for myself one day for personal matters and then the following week I had to go to court because I was summoned as a Witness and the court document said I could be arrested if I did not show . I had no choice and showed my employer all paperwork beforehand and he was okay with... Read more »

Mark Oakley
Mark Oakley
answered on Dec 13, 2021

You are an employee at will, meaning you can be fired at any time for any reason other than for a Constitutionally protected reason (your race, religion, sex, etc.).

1 Answer | Asked in Employment Law and Government Contracts for Maryland on
Q: I was working a contract position and after a year I was to move on to the long term contract -fortune 500 company.

I completed everything and filled out the offer letter. I was supposed to start and then they decided to go a different way with no warning at all. Can they do that even after I filled out an offer letter and ALL employment documentation?

Mark Oakley
Mark Oakley
answered on Dec 7, 2021

Until you have a signed and binding contract, you have nothing to sue upon. Therefore, if you have paperwork that you believe makes a binding contract, then take it to an employment lawyer to review. It is not possible to guess what agreement exists, if any, between you and the company.... Read more »

2 Answers | Asked in Employment Law for Maryland on
Q: Can a former employer force me to reimburse them for equipment that was stolen by a third party?

I was responsible for the equipment in question. I left a backpack with some company equipment in my car and someone broke my windows and stole it. My contract states that I assume responsibility for lost/damaged equipment, and can result in disciplinary action up to termination. They also said... Read more »

Scott Scherr
Scott Scherr
answered on Dec 1, 2021

If you no longer work there, then the only thing they can do is to sue you for the money.

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1 Answer | Asked in Insurance Defense, Employment Law and Real Estate Law for Maryland on
Q: My car was broken into in front of my employer property while i was at work. Can i sue to force their insurance to pay?

My car was parked on the street, directly across from the University of Maryland capital region hospital in Largo, MD. I was on orientation and told to find a park on premises until i was given access to the lot. The thief stole over 3k worth of stuff that i had in two bags. The big ticket items... Read more »

Mark Oakley
Mark Oakley
answered on Nov 19, 2021

File your claim under your comprehensive auto insurance coverage, which covers such things as losses resulting from criminal acts. You're wasting your time trying to prove liability against the owner of the location where your car was parked. They owe you no special duty to prevent criminals... Read more »

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.

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