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Maryland Employment Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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...
View 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?
J. D. A.
J. D. A.
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... View 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... View 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... View More

1 Answer | Asked in Civil Rights and Employment Law for Maryland on
Q: how do i know if i was involved in a class action lawsuit
Mark Oakley
Mark Oakley
answered on Jun 3, 2020

Normally, if you can be identified as a possible member in a class action lawsuit, you receive some sort of communication to that effect. If there is a particular lawsuit you are aware of, then you can look up information on that lawsuit by doing a simple google search, and learn about the court... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

Hello,

I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.

A Worker's compensation case has been... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2020

You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: I was doused with hydraulic fluid and diesel fuel while at work. My manager didn't report the incident and I became Ill

After constantly asking my manager to why he didn't report the incident he tells me if I report it I would lose my job..I reported it to regional manager, HR, then the safety coordinator. And filed a workmans compensation claim. What other lawsuits can I file

Mark Oakley
Mark Oakley
answered on May 26, 2020

Unless there is a third party liable for the accident that resulted in your being doused with hazardous chemicals, e.g., the negligence or product liability of some person or company who is not your employer, then you are limited to workers' compensation for your personal injuries and lost... View More

Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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1 Answer | Asked in Employment Law for Maryland on
Q: I live in Maryland and I have a brother with a severe drug addiction (currently in his 9th rehab). Can I use FMLA?

I’m the only one in my family who is willing and able to take care of him

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 29, 2020

FMLA leave can typically only be used to care for another person if that person is your parent, child, or spouse. However, if you would be assuming day-to-day responsibility for the care of your brother, you may be entitled to FMLA leave based on an "in loco parentis" relationship. Such a... View More

1 Answer | Asked in Employment Law and Family Law for Maryland on
Q: My job is changing me from full time to part time 3 weeks before my short term disability leave. Can they do this?

Small company less than 50

Haven’t completed a year yet

Have worked full time my whole pregnancy

Others were let go, I was given part time due to COVID-19

J. D. A.
J. D. A.
answered on Apr 14, 2020

Depending on all the facts and circumstances, an argument could possibly be made that the employer is retaliating against you for asking for anticipated foreseeable FMLA/maternity/Maryland leave (even if you might not yet be eligible at the time of the request). However, the pandemic and layoffs... View More

1 Answer | Asked in Business Law and Employment Law for Maryland on
Q: received termination saying I executed confidentiality and invention assignment agreement from amazon.

on my day off I received a termination letter from Amazon stating that the reason for termination is I executed a confidentiality and invention assignment agreement. What does this even mean? I am so confused right now.

J. D. A.
J. D. A.
answered on Apr 13, 2020

To speculate, given the lack of facts- perhaps the company is alleging a violation of their confidentiality agreement, rather than alleging that you signed one with another company. It might be advisable to discuss with a labor/employment attorney.

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