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Maryland Employment Law Questions & Answers
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
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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... View 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.... View 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... View 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... View 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... View 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.... View 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... View 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.... View 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... View 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.

View More Answers

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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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...
View More

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