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Maryland Employment Law Questions & Answers
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 »

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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.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert
answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer keep my last paycheck because I quit without a notice

I quit my old job a year ago because they put me in salary and worked me 60+ hours 7 days a week. Eventually I got tired and couldn’t keeo doing it so I quit. I did it without a notice I just dropped my stuff off and emailed them I quit, well they withheld my paycheck and have never given me my... Read more »

Carrie Dyer
Carrie Dyer
answered on Sep 9, 2020

Your employer cannot keep your final paycheck because you resigned without notice. You may have signed documentation stating that if you resign without notice, you agree to be compensated at minimum wage for hours worked on your final paycheck; however, you cannot agree to forgo any payment for... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer consider a per diem employee to be 'voluntarily terminating' employment if the employee does not work a

certain required number of hours BUT the specific required number of hours is not written or agreed to in any formal sense (no contract, not mentioned in offer letter, etc, but determined/changed by manager per staffing needs)? Employee is not working for pandemic-related reasons, but interested in... Read more »

Carrie Dyer
Carrie Dyer
answered on Aug 19, 2020

Without a contract governing your employment, your employer is free to change the number hours you are required to work at any time for any reason, whether it is due to the pandemic or not. If you refuse or cannot work those hours, your employment can be terminated.

1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?

Eric Todd Kirk
Eric Todd Kirk
answered on Jul 31, 2020

If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... Read more »

Q: I'm an officer the US Public Health Service station at a Federal Agency. Can I sue for harassment and retaliation?

My supervisor is harassing at work. Just flat out lying. He lied and put me on a PIP and issued me an LOR when all my work was up to date and at the start of a global pandemic when everyone was working from home. No negative counseling in 8 months leading up the PIP and LOR. I filed an EEO... Read more »

Andrellos Mitchell
Andrellos Mitchell
answered on Jul 29, 2020

It depends on what statute your are suing under.

Title VII provides that a court, in its discretion, may award reasonable attorneys' fees to the prevailing party. ... That determination is relatively clear when a plaintiff proves his or her discrimination case and a favorable judgment...
Read more »

1 Answer | Asked in Employment Law and Military Law for Maryland on
Q: After my first mediation meeting, I was placed on a second PIP by my supervisor and demoted. Is this retaliation?
Joseph D. Allen
Joseph D. Allen
answered on Jul 28, 2020

It depends. Proximity in time to the employee's protected activity is one factor a court may consider- though generally insufficient by itself. In simple terms, the question is really whether the adverse employment action (new PIP/demotion) was justified by the facts- or was motivated by... Read more »

1 Answer | Asked in Employment Law and Insurance Bad Faith for Maryland on
Q: My employer terminated my insurance, but continued to take deductions for it, and represented to me that I was covered.

My benefits and payroll are administered by a 3rd party (Gusto). Their ‘employee dashboard’, or portal, or whatever verbiage they use for their online thing, shows me as covered. However, when I attempted to add my wife to my coverage, I learned that I was no longer insured.

My... Read more »

Carrie Dyer
Carrie Dyer
answered on Jul 15, 2020

Have you raised the issue with your employer or with Gusto to see if the discontinuation of your health insurance was an error? If you cannot get the issue corrected, you may have a claim under the Employee Retirement Income Security Act (ERISA) and should contact an attorney in your area to... Read more »

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