Firing an the disciplinarian, a supervisor to some and the payroll person? I feel it’s very bias but I am not sure if under (Maryland) state law it’s considered legal or ethical? Also, is it ethical or legal for an employer to tell you they are going to deny the a workers conp claim before you... Read more »
There is nothing illegal about only having one HR staff person. If an employer complies with the laws and regulations applicable to it, that's all that matters. It's just difficult to do without professional help, as the workers comp incident illustrates. Employers can't retaliate...Read more »
No, it's not legally binding unless you "gave something up" of substance in reliance on the promise of the raise (known as "detrimental reliance"). An example of that would be that you were offered another position by another employer, and your current employer then made...Read more »
Maryland employers (that have at least 15 employees) are required to offer only unpaid maternity leave, under the Parental Leave Act. However, under the Maryland Flexible Leave Act, those employers must allow employees on unpaid leave to care for a newborn to elect to use their earned/accrued PTO...Read more »
I’ve worked for the same company for 13 years as a salaried employee. I have to sign a contract as part of a title and career path upgrade that reduces my pay and updates a NCD. I’m still doing the same job in the same spot. When I asked they said my salary was based on a 45 hour work week. The... Read more »
As long as the employer gives at least a pay period advance notice to employee of a reduction in pay, they are not violating any laws in MD. However, your question raises the issue of whether you were appropriately classified as exempt in the first place- if your job duties have truly remained the...Read more »
Is it permissible for an employer to only allow you to use your sick and/or safe leave if you have the PTO hours to cover said leave? Thus then charging you PTO hours in addition to your sick and/or safe leave hours? This is a job place where the employees are paid predominantly tips, the the tip... Read more »
As long as the employer's overall PTO policy provides the minimum sick/safe leave, they can require the employee to use earned PTO. However, if the employer does not set aside leave that can only be used for sick/safe purposes, the DLLR guidance states that it "strongly encourages such...Read more »
If you are classified as non-exempt (even if salaried), then an employer needs to pay you for any overtime you actually work- at your "regular rate of pay." It does sound like your supervisory duties might (or might not) allow the employer to classify you as exempt- as long as you make...Read more »
Both Montgomery County and Maryland now have sick leave laws, and the employer has to comply with the provisions that provide the most protection to the employee. But depending on the size of the employer, the benefits may be limited. And there are employee tenure (length of employment) and hours...Read more »
The subcontractor's right to be paid/treated as employees is separate from your entitlement to be paid for your work. If you are not being paid for hours or overtime you work (and are non-exempt), then you would probably have a claim. On the other hand, if you are truly salaried exempt (and...Read more »
The EEOC strongly suggests employers give applicants a conditional (tentative) offer of employment before conducting background checks- for similar reasons that some jurisdictions have "ban-the-box" laws. It is to give people with histories of arrest or conviction a chance to get their...Read more »
The answer depends on whether you mean "extra" compensation for the other work, or "no" compensation. Generally, as long as the employer is paying you for the time you spend working, they do not need to pay you more for taking on extra tasks.
My friend works at starbucks and she says that if she does not work for an hour exactly she will not get paid. If she works 50 minutes, 40, 30, 15, do they have to bill for the minutes under an hour? Or can a company legally not pay for work that does not exceed an hour?
Employers can round up or down as much as 15 minutes, as long as the overall effect is not to fail to pay employees for time they work. As described, this practice does not appear to fit within permissible rounding- if they are simply not paying for shifts under an hour.
The Maryland Wage Payment and Collection Law gives you 3 years to sue for unpaid earned wages or overtime. There is the potential (not guaranteed) for punitive damages up to 3 times the unpaid wages. If you truly had an employment contract, that might control whether you have the right to file...Read more »
I applied to a position and it said I was not qualified based off of not having a high school diploma because I’m still in school.it is not stated in the requirements section of the job description that was sent by the company The district manager and human resources manager told me I would get... Read more »
The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you...Read more »
There was an Incident with a known shoplifter who accused me of having security and the police follow her when in fact I did not. The company found in their investigation that I did not call security or the police but because I spoke with a security guard when she entered the store for an unrelated... Read more »
There are two separate issues here. The first is whether the employer broke the law by terminating you without good cause (or even any cause). Unfortunately, without more facts indicating that you were retaliated or discriminated against, your employer may legally terminate you- even if it...Read more »
My partner was the only person terminated from her job (out of 4)when the company was told employees were seen consuming alcohol on lunch break at a restaurant. An employee of walmart went to the location and confiscated receipts and video prooving the employees were drinking. Despite the other 3... Read more »
There does not appear to be anything wrong or illegal about gathering the surveillance video and receipts. However, if the only employee that was fired was not drinking (the video should back this up)- and the only one fired- this could potentially be a discrimination claim. Your partner should...Read more »
job but was not offered any additional compensation even though I was told I was not qualified. I spoke to the manager regarding possibly discussing compensation for the office management responsibility that I have been doing for the past 9 months and was ultimately accused of something I did not... Read more »
There are too many unknown factors involved here for a comprehensive answer. Generally, an employer can ask you to do additional tasks without an increase in pay. You suggest that there could be discrimination involved, but provide no basis on which to evaluate whether there is any sort of...Read more »
I got in a car accident while at work and I’m 26 weeks pregnant. While doing my run picking clients up I was rear ended pretty hard and my boss didn’t take me being hurt or if my unborn child was okay into consideration. She was more worried about me finishing my run. When I got back to the... Read more »
As far as injuries to yourself and related medical expenses, your situation seems to fall squarely under the workers compensation system. Any non-injury related damages you incurred (or potentially damages to the unborn child) might or might not fall outside workers compensation. It certainly...Read more »
Generally speaking, it is legal for a Maryland employer to reduce pay and eliminate job positions. Tenure is typically a separate matter governed by a collective bargaining agreement (CBA)- which would define your rights by contract. That said, there could be other motivations that would...Read more »
Insofar as the specific terms of the promissory note go, yes. On other matters not addressed by the promissory note, the employee handbook, which presumably is made part of the terms and agreement of your employment contract, then it still governs.
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.