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Maryland Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Maryland on
Q: Does my employer (in Maryland) have to pay out my remaining PTO when I quit?
Mark Oakley
Mark Oakley
answered on Dec 7, 2022

The answer to this question depends on the employer's written policy, and whether this policy was communicated to the employee at the time of hiring. For example, if an employer informs employees in writing at the time of hiring that unused vacation leave will be lost or forfeited upon... View More

1 Answer | Asked in Employment Law for Maryland on
Q: can an employer send an employee home for the day without pay as a punishment for being a few minutes late?

maryland

Scott Scherr
Scott Scherr
answered on Apr 23, 2024

Most employees are "employees at will." It means that they can be fired or disciplined for any reason so long as it does not violate the Constitution, a statute, or a contract.

Q: How do i get away from workplace discrimination when its wild spread throughout the agency EEO cant stop them.

Md state agency

James L. Arrasmith
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answered on Apr 11, 2024

Discrimination is never acceptable, regardless of how widespread it may be within an organization. If you are experiencing or witnessing discrimination, the appropriate course of action is to report it through the proper channels and seek assistance in addressing the issue.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Maryland on
Q: I was accused of missing 2 COVID tests and was then fired in 2022. That ended my almost 10yr career. Any legal recourse?

My former employer gave no opportunity to appeal their decision and I had no other disciplinary issues at the time. In fact, I received several merit awards from the company (some monetary) for my outstanding performance at the time. For reference, I live in West Virginia, but my former employer... View More

James L. Arrasmith
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answered on Mar 11, 2024

Based on the information you provided, you might have potential legal recourse, but it depends on various factors. Here are some considerations:

1. At-will employment: Maryland and West Virginia are both "at-will" employment states, meaning that an employer can generally terminate...
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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: Good afternoon or good mornin I need some assistance I need a lawyer to talk to you about a very serious matter please a

It is about incident happen last year April I got the footage of the incident so I think this incident is a very serious matter I do not want to go viral with it I need a lawyer to talk to before I do what I have to do thank you

John Mesirow
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John Mesirow
answered on Feb 8, 2024

If you want some direction, you will need to provide more information. Most importantly, what type of incident was it?

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1 Answer | Asked in Education Law and Employment Law for Maryland on
Q: I’m being paid less than my counterparts due to education differences. Is this illegal?

The job function and responsibilities are the same

Todd B. Kotler
Todd B. Kotler
answered on Dec 13, 2023

No, differences in education create circumstances where you and your counterparts are NOT similarly situated. That is an entirely defensible difference upon which to base compensation. Totally legal.

1 Answer | Asked in Employment Law for Maryland on
Q: Having problems collecting my severance pay and commission pay from my former employer. What can I do?

I have been gone from company since June 16th, 2023, and have yet to receive any funds. I have reached out by emails and text monthly and have not gotten any appropriate response. Not else what else I can do.

Scott Scherr
Scott Scherr
answered on Nov 16, 2023

You can sue for treble damages (three times the amount due) under the Maryland Wage Payment and Collection law. You should speak with an employment lawyer. You can also file a complaint with the Department of Labor of the State of Maryland.

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: About final checks

I was fired from my work (local restaurant). And to be paid we are handed in person paychecks. I still don't have my final paycheck because I am scared of talking to my former bosses. It has been around 4 months now since my termination and i was wondering, how long are they required to hold... View More

Scott Scherr
Scott Scherr
answered on Sep 26, 2023

You should e-mail your former employer and request that they mail you your check. Give them your current address.

1 Answer | Asked in Employment Law and Employment Discrimination for Maryland on
Q: Hello I went out on short term dis for throat cancer 4-6-23, and just received a letter saying I was fired, can you help

I am currently unable to work with a treach tube, feeding tube and 2 small blood clots in my lungs. And then I get news that I'm fired??? Can some ne please help me?

Cynthia Pietrucha
Cynthia Pietrucha
answered on Aug 15, 2023

I'm so sorry to hear about your situation. My firm provides nationwide representation to individuals who are terminated while seeking medical care. We file FMLA interference and retaliation lawsuits. We have helped many individuals fired while getting cancer treatment. www.pietruchalaw.com

1 Answer | Asked in Employment Law for Maryland on
Q: My job has a policy where they give out tips only once a year and you don’t get any if you get fired/quit. Is this legal

I am now unemployed from there and am wondering how I can get my tips I earned still. I don’t know how to go about it because this policy was a verbal one, so should I begin by sending an email asking about payment options? All tips are strictly in cash too. Thank you

Mark Oakley
Mark Oakley
answered on May 7, 2023

Either hire an employment lawyer or file a complaint with the Maryland Wage and Labor Board.

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml#:~:text=To%20request%20a%20claim%20form,prior%20to%20beginning%20an%20investigation.

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: As an Ex-employee Can I receive a no trespassing order from the business with no stated reason?

I left my job due to unsafe conditions of bugs , and trespassers coming at night. Now my ex employer is signing a no trespassing order on me and I don’t have a reason stated why

Scott Scherr
Scott Scherr
answered on Apr 27, 2023

Your employer does not need to give you a reason. Anyone can issue a no trespassing order for any reason. It is their property. You should stay off their property.

1 Answer | Asked in Employment Law for Maryland on
Q: Can a person be fired for accidentally throwing away a pair of eye glasses left in a restaurant the night before that

Had no note attached or not in proper care until the guest returned

Scott Scherr
Scott Scherr
answered on Apr 21, 2023

Most employees are employees at will and can be fired for almost any reason so long as it does not violate the Constitution, a statute, or a contract.

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Maryland on
Q: Is it lawful to record a phone conversation between two parties if the parties are located in different states?

The recording party is located in Virginia and consents to the recording. The 2nd party is located in Vermont. The topic involves a business matter (employment discrimination) for a business located in Maryland.

Scott Scherr
Scott Scherr
answered on Apr 8, 2023

You would need to consult with attorneys in Virginia and Vermont to see if it is illegal to record without the consent of both parties. It would be illegal in Maryland.

1 Answer | Asked in Criminal Law, Employment Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can a person with a 9 year old felony possession CDS charge or conviction obtain an Insurance License in MD?
Scott Scherr
Scott Scherr
answered on Mar 31, 2023

I do not know whether you are eligible to get an insurance license, but you are eligible to get your record expunged 15 years from the end of probation assuming all other criteria are met.

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... View More

Eric Todd Kirk
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answered on Jun 22, 2022

Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: Can my employer keep my entire check for repair costs of a company vehicle?

I’m a full time non CDL driver. On 6/1/22 I was cut off going through a toll booth and ended up damaging the side mirror of the company truck I was operating. On 6/3/22 I contacted dispatch asking if I was on schedule for the day. I was. I also got paid this day and they deducted $50.00 from my... View More

Mark Oakley
Mark Oakley
answered on Jun 11, 2022

Go to his site, and follow the procedure for filing a claim/comlaint:

https://www.dllr.state.md.us/labor/wagepay/wpremedies.shtml

Alternatively, you can try to find an employment lawyer who would be willing to file something for you.

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... View 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... View 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... View 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... View 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... View 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... View More

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