Maryland Employment Legal Questions

Generaly, you have four years from the date you should have become aware of the fraud in Maryland, but determing if the conduct falls under the leagal defintion or fraud, or just breach of contract (a three year statute of limitiations) depends on the facts.  You should discuss the specifcs of your claim with a lawyer to better determine which statute of limitations would apply.    ... Read More

Preusming you did not sign the second agreement, the first agreement would is the only one that would control and be enforcible.  Even if the company made a mistake. in order for that mistake to affect the terms of the first agreement, both parties (you and they) would have to had made the same mistake. If both parties to an agreement make mistakes regauring matierial (signifianct/important) terms of the agreement, either party can recind (cancell) the contract which is what the employment agreement actually is.... Read More

Without doing any statatory reasearch to see if the reason is actually addressed, I would suppose that one reason for the requirement could be to ensure that the person alpying for the renewal was, in fact, the same person who got the orignail licence.  I can see such a policy being rationally related to the State's interest of prtecting children and, therefore, justified under that rational.... Read More

When you are hoping to increase the amount of money offered in a severance agreement, there are two possible arguments that you can use, assuming they apply. One argument is if you have a potential claim of discrimination or retaliation against the company based on your termination.  You would need to speak with an attorney to determine if you have such a claim and how strong that claim might be. If the termination does not violate any law, then the other possible argument would be based on a combination of all your important contributions to the company and/or proving that the termination is unfair, even if not illegal. You need some argument to convince the employer to pay you more money, and depending on how strong your facts are in either of the scenarios mentioned above, the company may agree to pay you more money.  It is advisable it speak to an employment law attorney about this.... Read More

Absent some illegal motivation (such as paying less money due to discrimination based on race, national origin, etc.), the company could pay you less money than your orginal salary.   If they hire you to perform the same job and same duties as before, there is a good chance the salary will be similar as before.  But they would not be requred to pay you that same rate unless it is position covered by a union contract which would then set the wages that for that job... Read More

IF your company had planned to lay you off even if you had no injury, and could prove that, then they can let you go.  The layoff, cannot be based on an attempt to deny you short term disability (assuming they had such a program) nor can they use it to deny you FMLA.  Either of those scenarios would violate the law. You should see an attorney in your area for more information... Read More

Travel time that displaces the time the employee would actually be working (i.e., the employee is on the airplane at the time he would be working if he were not flying) is compensable. Travel during times that are outside the employee's regularly scheduled working times is not compensable. The mere fact that the individual is away from home does not require that you pay the individual for time that they are not working.  If the individual is not working, there is no requirement that you compensate him.... Read More

If your employer employs 50 or more people within a 75 mile radius, and if you have worked for the employer for a total of 12 months (need not be contiguous), and if you have worked for more than 1250 hours within the last 12 months, your employer and you are covered by the FMLA which gives you the right to take 12 weeks of leave.  Maryland probably has a state law on the same subject.    Michael Caldwell 404-979-3150... Read More

You have not provided enough information for an answer to your question.  For example, have you signed any agreement that restricts your right to compete with your current employer after you leave? Were you an owner of the previous business that was sold?  Did the sales agreement contain restrictive covenants?  What state's law governs your relationship? (that would be stated in the contract. Otherwise, Maryland law will govern.   Michael Caldwell 404-979-3150... Read More

They may not take money from your paycheck and use it for themselves. They are required to use the money for the exclusive benefit of the beneficiary, assuming that this is an ERISA plan (and in all likelihood it is).  "Holding" the cash for 12 months may well be a violation of ERISA. You should look for an employment lawyer in Maryland who handles plaintiffs' cases in ERISA matters. Call the Maryland State Bar lawyer referral service.   Michael Caldwell/... Read More

The Equal Pay Act applies to jobs where the core duties are identical, and where there is no basis other than persons' respective genders to explain the difference in the pay rates of a male and a female. It doesn't matter what one calls either job.  The fact that you supervise employees in a different department from your comparator of the opposite gender could (but won't necessarily) knock that other person out from being a comparator since the circumstances in which you and the other person are performing your duties may be different.... Read More