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Maryland wrongful termination laws protect employees from being fired for illegal reasons. A termination is considered to be illegal if it violates a law, or if it violates terms that are set out in an employment contract. Like many other states, Maryland's wrongful termination laws are modeled after federal statutes.

What Is "At-Will" Employment?

Under Maryland employment laws, employment is generally presumed to be " at-will " unless otherwise stated in the employment contract. This means that employers may terminate employees for any reason or for no reason at all, as long as it is not illegal. Conversely, the employees are free to quit their jobs whenever they want.

Maryland law does not allow employment discrimination or termination of an employee based on race, color, national origin, ancestry, sex, religion, age, disability, marital status, gender identity, or sexual orientation.

These laws also make it illegal for an employer to retaliate against an employee for exercising their rights. For example, if the employee complains about the employer to the company's HR department that they believed they were passed over for promotion because of their age or gender, the employer may not discipline or fire the employee for filing the complaint.

Are There Exceptions to "At-Will" Terminations?

While this may make it more difficult to succeed with a wrongful termination claim, several exceptions to the at-will standards do exist:

1) Breach of an Implied Contract: In some instances, Maryland courts have ruled that the oral statements of an employer can form an implied contract. For example, if they told the employee that they would keep their job so long as performance is satisfactory, it could form the basis for an implied contract. Statements in company handbooks and employment manuals can also create implied contracts.

2) Public Policy Justifications: Employers cannot terminate employees if it violates public policy. Examples of public policy violations include firing an employee because the employee:

Filed a workers' compensation claim

Missed work due to jury duty or military service

Refused to commit an illegal act according to the employer's instructions or requests

Refused to work in an unsafe environment

Asserted their legal right to be paid for overtime work

Asserted their legal right to be paid a minimum wage

3) Discrimination and Harassment: Employers cannot terminate employees on the grounds of discrimination or harassment. Thus, employers cannot fire an employee due to his race, sex, religion, or nationality.

What are the Remedies For Wrongful Termination in Maryland?

A successful wrongful termination claim in Maryland can result in several favorable remedies for the employee, including recovering back pay, reinstating one's job position, and other types of damages. The remedies for wrongful discharge or wrongful termination will depend on the particular harm that the plaintiff suffered.

For example, the employee victim may: be reinstated back to their normal work title, obtain recovery of lost benefits, or obtain back pay for lost wages. Depending on the severity of the claim, the employer may also be required to pay additional damages such as stress/suffering damages, punitive damages, and legal fees such as attorney fees and court costs.

Should I Consult With an Attorney?

A qualified Maryland lawyer can help you determine whether there is a legal basis for a claim. He can help you navigate the court system, represent you in court, and help you recover the monetary damages you deserve.

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Maryland wrongful termination laws protect employees from being fired for illegal reasons. A termination is considered to be illegal if it violates a law, or if it violates terms that are set out in an employment contract. Like many other states, Maryland's wrongful termination laws are modeled after federal statutes.

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Maryland wrongful termination lawyers

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The employment relationship in Maryland and D.C. is ordinarily "at will," meaning that either the employer or the employee can terminate the employment relationship at anytime for almost any or no reason. The law prohibits employers, however, from terminating employees for unlawful reasons, such as the employee's race, national origin, pregnancy, gender, age, disability, religion, or for making protected disclosures to a governmental agency.

We work with our clients on a case-by-case basis to ensure that they get full compensation for the damages that they suffered as a result of being wrongfully discharged by their employer.

If you believe you have been wrongfully terminated by your employer for one of the reasons previously mentioned, an experienced Maryland wrongful termination lawyer at The Law Firm of J.W. Stafford, L.L.C. stands ready to represent you and to stand up for you against your former employer.

Wrongful Termination by Maryland Employers

Employers engage in wrongful termination in a variety of forms. The most common form of wrongful termination is when an employer discharges an employee because of their race, national origin, age, gender, religion, disability, pregnancy or some other protected status. These forms of termination are precluded by various state and federal statutes and claims typically can be brought against the employer under those statutes.

Maryland also recognizes a cause of action for wrongful discharge, which is when a termination of employment violates public policy and is not necessarily actionable under a specific state or federal statute. To establish a claim for wrongful discharge, the employee must show that they were discharged, that the discharge violated a clear mandate of public policy and that there was a nexus between the employee's conduct and the employer's decision to terminate the employee. Maryland courts are very strict about the public policy requirement and typically require that the Maryland legislature have made a clear declaration regarding the particular public policy at issue. For example, a Maryland court has found a viable claim for wrongful discharge where a teacher at an at-risk youth program was terminated after notifying police that the program's policies placed children at risk of abuse. In this instance, Maryland law required educators to report suspected child abuse to the appropriate law enforcement agency, so the public policy requirement was satisfied.

Employers also engage in wrongful discharge when they terminate an employee for reporting fraud to federal or state governmental agencies. If you are an employee and you believe you have been terminated for disclosing your employer's fraud to a governmental agency, then you may have a claim for wrongful discharge. Many state and federal laws, such as the Whistleblower Protection Act, shield employees from retaliation by their employer for making such a disclosure.

Claims Handled by Our Maryland Wrongful Termination Lawyers

"Wrongful termination" is an umbrella term that encompasses many types of illegal behavior by employers. Most wrongful termination claims can be broken down into one of several broad categories, listed below.

Breach of Implied Contract

Even though most employment relationships are at will, these types of relationships can still be subject to several judicially-imposed "implied" contracts. For example, if your employer verbally represented to you that he or she would need your services for a period of at least three years but then dismisses you after two years, a court may find that your employer's statement created an implied contract and that your dismissal was a breach of that contract.

Discrimination

Various federal and state laws prohibit discrimination on a number of grounds, such as race, ethnicity, age, disability, religion, gender, and sexual orientation. If your employer dismisses you because you fit into one of these protected classes - for example, if you overhear your employer say that you are too old and should be replaced with someone younger and more attractive - your termination likely was discriminatory.

Harassment

Federal and state laws also prohibit harassment in the workplace, which the Equal Employment Opportunity Commission (EEOC) defines as "unwelcome verbal or physical behavior that is based on race, color, religion, sex, gender/gender identity, national identity, physical or mental disability, or genetic information." A very common example of wrongful termination based on harassment involves employers firing employees who rebuff their sexual advances.

Violation of Public Policy

As noted above, Maryland law allows wrongful termination claims when the firing was based on a clear violation of public policy. Some examples of employee terminations that could violate public policy include:

Employees who refuse to work in an unsafe environment

Employees who refuse to commit or assist in the commission of illegal activity

Employees who are absent from work for jury duty or military service

Employees who demand overtime pay when it is legally required

These types of wrongful termination claims can be particularly tricky to pursue, however. If you suspect that your termination may have been in violation of public policy, you should consult a Maryland wrongful termination lawyer.

Termination as a Form of Retaliation

Wrongful terminations due to retaliation occurs when an employer fires an employee for participating in legally protected behavior, such as whistleblowing, reporting regulatory violations, or opposing discriminatory practices, among others. For example, if your employer fires you because you assisted in an investigation of alleged workplace discrimination, you may have a wrongful termination claim.

Evidence of Wrongful Termination

Direct evidence of wrongful termination (e.g., your employer actually telling you that you are being fired because they would like someone of a different race to fill your position) is fairly rare.

Instead, you likely will need to rely on circumstantial evidence to prove your claim. A few signs that your termination may have been wrongful include:

You are a member of a protected class and are qualified for your position, but the person who replaced you is not a member of a protected class

Your dismissal occurred shortly after you engaged in a protected activity (e.g., filed a discrimination claim, refused to participate in illegal activity, revealed a disability, etc.)

Your dismissal occurred after you rejected your employer's sexual advances

Your employer routinely made disparaging remarks about a protected class to which you belong

Your employer intentionally made your work environment unpleasant before you were dismissed

Your performance evaluations suddenly declined without a corresponding decline in the quality of your work product

Your dismissal occurred after you voiced concerns about unethical or illegal employment practices (e.g., sexual harassment, failure to pay overtime, paying women less than men in the same position, etc.)

For more information about the evidence required to prove wrongful termination, contact a Maryland wrongful termination lawyer by filling out our online form or by calling us at (410) 514‑6099.

How a Maryland Wrongful Termination Lawyer Can Help You

We work with our clients on a case-by-case basis to ensure that they get full compensation for the damages that they suffered as a result of being wrongfully discharged by their employer. Our wrongful termination lawyers pursue damages for back pay, as well as damages for the emotional distress that our clients have suffered as a result of being wrongfully terminated from their job. Likewise, we also assist our clients in obtaining reinstatement to their job, if that is their objective.

Working with an experienced Maryland wrongful termination lawyer at The Law Firm of J.W. Stafford, L.L.C. is simple, confidential and efficient. We thoroughly review your options and the law and then put together a comprehensive strategy to achieve your goals. Maryland wrongful termination attorney Jamaal ("Jay") W. Stafford is an experienced litigator and is no stranger to the courtroom. He brings to bear his litigation experience and employment law expertise to craft creative solutions for each of his clients. You can contact the firm by sending us a message via our website or by calling us at (410) 514-6099. Call us today and let us fight for you.

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Maryland Wrongful Termination Lawyer | The Law Firm of J.W. Stafford

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The employment relationship in Maryland and D.C. is ordinarily "at will," meaning that either the employer or the employee can terminate the employment relationship at anytime for almost any or no reason. The law prohibits employers, however, from terminating employees for unlawful reasons, such as the employee's race, national origin, pregnancy, gender, age, disability, religion, or for making protected disclosures to a governmental agency.

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Maryland Employment and Anti-Discrimination Laws

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Maryland Employment and Anti-Discrimination Laws

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Overview of the Federal and Maryland Employment Anti-Discrimination Laws

There are a number of state and federal laws that prohibit discrimination based on age, race, color, sex, national origin, disability, sexual orientation, religion, pregnancy, among other categories.

As you begin to decide if you have been subjected to the type of discrimination covered by law, there are a few key concepts that will help you:

Not everyone is covered. To be able to take legal action under these laws, you must fall into certain categories (called "protected classes").

Not every law covers every situation. The person or group you believe has discriminated against you must also fit into certain categories. For example, employers with fewer than 20 employees are not covered by the Age Discrimination in Employment Act of 1967 .

There are different time limits for when you must file complaints under federal and state laws.

The starting point for a discrimination case changes by law. Some discrimination laws require you to file a complaint with a government agency before you can go to court. Others, such as the Equal Pay Act, allow you to take a claim of discrimination directly to court.

Below is a chart summarizing certain federal and Maryland laws that prohibit discrimination in employment. In addition to the federal and state laws summarized below, a few counties and Baltimore City have passed local laws making certain kinds of employment discrimination illegal. Counties that have adopted local laws include: Howard, Montgomery, and Prince George's Counties.

Click these links to learn more about specific laws.

Title VII of the Civil Rights Act of 1964
Law: 42 U.S.C. §§ 2000e et seq.

Enforcement: For more information about filing a complaint go to the U.S. Equal Employment Opportunity Commission website (EEOC).

Can file by mail, in person or over the phone.

Employers may not harass or discriminate against applicants or employees on the basis of race, color, religion, sex, or national origin.

Employers covered by the law cannot:
refuse to hire,
fire, or
limit opportunities such as promotions or higher pay because of race, color, religion, sex or national origin. ( 42 U.S.C. §2000e-2(a)(1-2 )).

Employers are also prohibited from retaliating against an employee for making a complaint under this law.

Employers with 15 or more employees.
State governments.
Federal government.

Educational institutions.
Employment agencies.
Labor organizations.
Joint management-labor committees.

Note: Some employers are exempt. For example, religious organizations may require employees to be of a certain faith without violating title VII. ( 42 USC § 2000e-1(a) )

Note: All employers (regardless of their number of employees) are covered by the 1991 Civil Rights Act. ( 42 USC § 1981 )

The Age Discrimination in Employment Act
Law:29 U.S.C §§ 621-634

Enforcement: For more information about filing a complaint go to the U.S. Equal Employment Opportunity Commission website (EEOC).

Employers may not discriminate against employees who are age 40 or older.

Employers are also prohibited from retaliating against an employee for making a complaint under this law.

The federal government and its agencies.
Private employers with 20 or more employees.

State and local governments.
Interstate agencies.
Employment agencies.
Labor unions.
Note: Please be aware that this law has many different provisions some of which may apply to federal, state or local government entities while others apply to private employers.

The Equal Pay Act
Law: 29 U.S.C. § 206d[13]

Enforcement: For more information about filing a complaint go to the U.S. Equal Employment Opportunity Commission website (EEOC).

Employers must give men and women equal pay for equal work, even if the job titles are different. Equal work means that both men and women perform jobs that require the same skill, effort, responsibility and, under similar conditions.
Note: A man and woman can be paid different salaries for equal work if the difference is based on a seniority, merit or incentive system.

With very few exceptions, almost every employer must follow this law - private employers as well as federal and state governments.

The Americans with Disabilities Act
Law:42 USC § 12101 et seq.

Enforcement: For more information about filing a complaint go to the U.S. Equal Employment Opportunity Commission website (EEOC).

ADA: For help on accommodations for a specific person with a disability, contact the Job Accommodation Network at 800-526-7234.

Employers cannot discriminate against a person with a disability in any aspect of employment. This includes interviews, testing, hiring, job assignment, evaluations, discipline, training, promotions, layoffs, compensation, leave and benefits.

Employers are also prohibited from retaliating against an employee for making a complaint under this law.
Note: An employer must make "reasonable applicant or employee to do the job. 42 USC §12112(b)(5)(A).
Exception: If the accommodation needed would impose "an undue hardship" on the employer, the change may not be required.

Employers with 15 or more employees for at least 20 weeks a year.
State and local governments and their agencies.
Employment agencies.
Labor organizations.
Religious organizations with 15 or more employees.

Joint labor-management committees.
Note: The ADA covers other areas such as housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services. 42 USC § 12101.

Pregnancy Discrimination Act : 42 USC § 2000e(k)

Enforcement: For more information about filing a complaint go to the U.S. Equal Employment Opportunity Commission website

(EEOC).

An employer must not refuse to hire or discriminate against a woman who is pregnant. A pregnant woman must be treated in the same manner as other applicants or employees with similar abilities or limitations.

Employers are also prohibited from retaliating against an employee for making a complaint under this law.
Note: Any health insurance provided by the employer must cover all pregnancy expenses on the same basis as costs for other medical conditions. Health insurance expenses arising from an abortion are not required to be covered, unless the life of the mother is endangered.

Employers with 15 or more employees.
State governments.
Federal government.

Employment agencies.
Labor organizations.
Joint management-labor committees.

Educational institutions.
Note: Some employers are exempt. For example, religious organizations may require employees to be of a certain faith. (42 U.S.C. §2000e-1(a))

The Immigration Reform and Control Act (IRCA) of 1986
Law: 8 USC § 1324b

Enforcement: To file a complaint, contact the Office of Special Counsel for Immigration Related Unfair Employment Practices 800-255-7688 or e-mail osccrt@usdoj.gov

Employers are prohibited from discriminating against applicants and employees on the basis of their citizenship or national origin.

Employers with 4 or more employees.
For an information short fact sheet, check the U. S. Department of Agriculture website .

For a list of detailed questions and answers check the U.S. Department of Justice Immigrant and Employee Rights Section

Law: Md Code. State Government § 20-601

Enforcement: The Maryland Commission on Civil Rights accepts complaints. All complaints are investigated.

You must file a complaint within 6 months of:

Date of discrimination (1 year for housing) or
Date when you learned of the discriminatory action.

Maryland makes it unlawful to refuse to hire, discharge, or otherwise discriminate someone due to:

Race

Color

Religion

Sex

Age

National origin

Marital status

Genetic information, or refusal to submit to a genetic test

Sexual orientation

Gender identity

Disability unrelated in nature and extent to the performance of the employment

Employers are also prohibited from retaliating against an employee for making a complaint under this law.

Employers in industry or business who have 15 or more employees for at least 20 weeks in a calendar year, including the State.

Read the Law: MD Code Ann. State Gov't 20-601.

*Prince George's County has specific requirements when asking applicants to disclose criminal history.

Read the law: Prince George's County Code, Division 12, Subdivision 10, § 2-231.01

Edited by Regina Strait, Esq.

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There are a number of state and federal laws that prohibit discrimination based on age, race, color, sex, national origin, disability, sexual orientation, religion, pregnancy, among other categories. As you begin to decide if you have been subjected to the type of discrimination covered by law, there are a few key concepts that will help you: Not everyone is covered.

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Maryland employment lawyer

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A Maryland Employment Lawyer Will Help You Stand Up to Your Employer and Protect Your Rights

As an employee working in Maryland, it can seem like your employer holds all the power and that the law is always in their favor. This view is not completely accurate. While it is true that Maryland employers have a significant amount of control over how things are done in the workplace, they are not allowed to abuse and discriminate against their employees or violate any other established employment law. If you are involved in a Maryland employment dispute, we can help. An experienced Maryland employment lawyer at the Law Firm of J.W. Stafford, LLC can review your case and help determine whether or not your employer has violated any federal, state or local laws that may give rise to a claim against your employer. You do not have to go through this difficult time alone.

Know Your Rights in Maryland

Maryland employees have rights and protections that are afforded to them through our federal, state and, in some instances, local legislature. There are several laws, at both the federal and state level, that protect Maryland workers in the event an employment dispute arises. Our employment attorneys are familiar with Maryland and federal employment laws. We can help increase the chances of winning your employment case because of our firm's in-depth understanding of what is necessary to meet your burden of proof. Some federal laws governing employment issues in Maryland include:

The Fair Labor Standards Act: This act ensures American workers are paid a minimum wage for their work. The federal government sets the floor for minimum wage and several states, including Maryland, have set a higher minimum wage requirement at the local level;

The Occupational Safety & Health Act: OSHA, as it is typically referred to, sets industry-specific safety standards to which employers must adhere as well as imposes a general duty that prohibits any workplace practice that poses a risk to workers;

The Civil Rights Act of 1964: Title VII of this Act makes it illegal for businesses to act discriminatorily against employees, or potential employees, based on certain protected classes; and

The Family and Medical Leave Act: This law requires employers with at least 50 employees to provide eligible employees up to 12 weeks of unpaid time off each year for illness and caregiving. Employers must continue an employee's benefits if he or she is on family leave. Furthermore, the employee has the right to be reinstated into his or her prior position once the leave is completed or exhausted.

Beyond the above-mentioned federal laws, the State of Maryland has created its own laws that provide the same or more rights than those set by the federal government. Employers doing business in the State of Maryland must follow both state and federal laws, as well as local laws in some instances, in order to be operating in compliance. You should familiarize yourself with these laws and contact a Maryland employment attorney right away if you believe your, or someone else's, rights have been violated by an employer.

The Benefits of Working With a Maryland Employment Lawyer

The Law Firm of J.W. Stafford, LLC has years of experience protecting the rights of Maryland workers. We handle several types of employment disputes. No employment issue is too large or too small for our attorneys to review and provide advice as to whether or not we can help. Unfortunately, employees in Maryland and across the nation are taken advantage of by employers because these workers often are not aware of the employer's obligations under the law. The following are some of the more common ways that employers violate the rights of their employees in Maryland.

In the majority of employment-related disputes, the employee bears the burden of establishing that his or her rights were violated by a Maryland employer. For this reason, it is vital that you hire an experienced and knowledgeable Maryland employment dispute attorney to handle your case. The Law Firm of J.W. Stafford, LLC has extensive experience and can provide you the skilled legal representation necessary to ensure your rights are protected under state and federal laws. If you or someone you know has been the victim of any of these prohibited behaviors, contact us today for a confidential consultation with a knowledgeable Maryland employment attorney.

How Maryland Employment Lawyers Can Help You in an Employment Dispute

1. Investigating Your Claim

If you believe that you have a claim against your employer, a government agency or court won't just take your word for it; you must prove that your version of events is the correct version. To do this, your attorney will help you gather all of the evidence you will need to present a compelling case, such as:

Interviewing witnesses to the dispute (including your employer)

Obtaining records and files related to the incident (such as your hours log, workplace entry/exit records, photos and video surveillance, etc.)

Reviewing your employment contract (if applicable)

Investigating similar past incidents by your employer

2. Evaluating the Legal Merits of Your Case

Even though you may feel that you have been wronged by your employer, not all employer conduct is legally actionable. In order to prevail in an employment law case, you must prove all of the elements of each cause of action, whether your claim is for wrongful termination, discrimination, retaliation, breach of contract, or any other type of employment dispute. At the federal level, most employment law claims arise under one or more of the following statutes:

The Civil Rights Act

The Equal Pay Act

The Americans with Disabilities Act

The Age Discrimination in Employment Act

The Family and Medical Leave Act

The Occupational Safety and Health Act

The Fair Labor Standards Act

The state of Maryland also prohibits discrimination in the workplace through the Maryland Fair Employment Practices Act.

A skilled Maryland employment lawyer will be able to apply the requirements of each of these statutes to the specific facts of your case to weigh the strength of your claim.

3. Calculating Your Damages

"Damages" is the legal term for the harm you suffered (in monetary terms) as a result of the defendant's conduct. Generally, the amount of damages to which a successful plaintiff is entitled is the amount necessary to put him or her in the same position he or she would have been in had the incident not occurred. In employment law, this can include:

Lost pay

Lost benefits

Unpaid overtime

Bonuses or commissions to which you were entitled

Consequential damages (e.g., medical bills, job search costs, relocation expenses, etc.)

Pain and suffering damages

Punitive damages (typically in discrimination cases)

Calculating the exact amount of damages you suffered can often be a complex undertaking, but an employment attorney has extensive experience doing so and can help you determine the correct amount.

4. Advocating on Your Behalf

Once an employment lawyer determines that your employer likely violated one or more federal or state laws, he or she will then initiate legal proceedings on your behalf, including:

Representing your interests in mediation or settlement negotiations with your employer

Filing official complaints with the appropriate government agency (such as the Equal Employment Opportunity Commission or the Maryland Commission on Civil Rights)

Representing you in administrative hearings and appeals

Filing and pursing civil suits on your behalf at the federal or state level

For more information about what employment attorneys do and how they can help you, contact a Maryland employment lawyer at the Law Firm of J.W. Stafford

Contact a Maryland Employment Lawyer Today

You can rest assured that working with the Law Firm of J.W. Stafford, LLC is confidential, uncomplicated, and efficient. No matter what type of legal issues you are having related to your employment in Maryland, our attorneys can help. We will take the time to go over your case and provide you with honest and accurate information about what legal options are available to you. We have represented many workers in their employment disputes and will aggressively fight on your behalf. Contact us today at 410-514-6099 to set up a consultation with an experienced Maryland employment lawyer.

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Maryland Employment Lawyer | The Law Firm of J.W Stafford

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As an employee working in Maryland, it can seem like your employer holds all the power and that the law is always in their favor. This view is not completely accurate.

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10400 Little Patuxent Parkway, Suite 290
Columbia, MD 21044
Phone: 410-514-6099
Hours: Mon-Fri 8am-5pm
https://www.staffordtrialteam.com

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Maryland Employer Employee Rights Resources

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Maryland Employer Employee Rights Resources

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Employment law is a vast subject that covers a wide variety of topics. Every issue from discrimination, retaliation, medical leave and many others come under the umbrella of employment law. However, there are certain employment law questions that we receive more often than others. Below are some brief responses to some of the most common employment law questions we are asked. If you have questions or concerns about an employment law-related issue, we suggest that you contact a Maryland employment lawyer at The Law Firm of J.W. Stafford to discuss the specifics of your situation.

What types of personal questions can a potential employer ask during an interview and how do I know if they crossed the line?

Questions in job interviews should generally focus on the applicant's skills and qualifications for the job rather than his or her personal life. Certain personal questions (such as "What do you like to do for fun?" or "Are you more of a dog or cat person?") are allowable, but questions delving into the candidate's age, race or ethnicity, gender, marital status, disability or religion can expose the interviewer to discrimination lawsuits.

Can I take legal action if I was discriminated against or harassed during an interview?

Yes. Federal law prohibits most employers from discriminating against potential hires at any point during the interview process. If you can prove that you were not hired due to your race, age, sex, or any other protected characteristic, you may take legal action.

Was I wrongfully terminated?

Because many individuals are employed at-will (i.e., can be fired for any reason or no reason), it's often difficult to determine whether a termination is "wrongful." However, there are a few red flags that indicate that an employee's termination may have been wrongful, including termination based on:

Sex or gender

Race or ethnicity

Age

Sexual harassment, or

Whistleblowing activity

Does my employer have to pay me severance if I am laid off?

Generally speaking, severance pay is discretionary and employers are not required to provide terminated or laid-off employees with severance pay. However, the employer may be required to provide severance pay if (1) a state law mandates it in a particular situation, or (2) the employee's contract provides for a severance package.

How can I tell if I have a valid workplace discrimination claim?

If you believe that you are being discriminated against in the workplace, it is important that you document instances of discriminatory behavior and report them using your company's internal reporting procedures. This is the best way to ensure that you leave a paper trail that can be used in subsequent litigation. Additionally, if you have specific questions and concerns that you believe require legal assistance, do not hesitate to contact a Maryland employment lawyer.

What is the minimum wage in Maryland?

As of November 2018, Maryland's minimum wage is $10.10 per hour and $3.63 per hour for tipped employees.

Can my employer pay me in cash/pre-paid cards?

While it is not illegal for employers to pay their employees in cash, the employer and employee must nonetheless report and pay taxes on the income to the IRS.

What are Maryland's laws regarding breaks and meal periods during the workday?

For workers over the age of 18, Maryland does not require employers to provide breaks or meal time to their employees. For workers under the age of 18, the employee must receive a 30-minute break for every five hours of work.

Are all employees in Maryland allowed vacation or sick days?

The Maryland Healthy Working Families Act requires employers with 15 or more employees to provide paid sick leave for most employees, while employers with fewer than 15 employees must provide unpaid sick leave. An employee accrues sick leave at a rate of at least one hour for every 30 hours worked; however, an employee may not earn more than 40 hours of sick leave in a year or more than 64 hours of sick leave at any time. Maryland law does not require employers to provide vacation time.

Can I be denied a request for personal, family, or medical leave?

Yes. Maryland law does not require employers to provide personal or family leave. And although the state does require employers to provide sick leave, it also authorizes employers to establish notice requirements for taking sick leave and expressly permits them to deny leave in certain circumstances.

Am I required to work overtime?

Yes, if your employer requests it. The federal Fair Labor Standards Act (FLSA) does not prohibit employers from requiring their employees to work overtime. However, Maryland law prohibits employers from requiring Licensed Practical Nurses (LPNs) and Registered Nurses (RNs) to work overtime in most circumstances.

Am I entitled to overtime pay?

Yes. Non-exempt employees who work overtime are entitled to one and one-half (1.5) times their regular hourly wage for work that is performed in excess of 40 hours in a seven-day week. Leave time, including vacation, sick leave, family leave, etc., does not count toward the 40-hour weekly accumulation for overtime purposes. If you believe you have not been compensated appropriately for overtime worked, call our office to speak with a Maryland employment lawyer today.

Can my employer change my employment status (ex. from exempt to non-exempt)?

Yes, as long as you meet the requirements for each classification. Non-exempt employees are paid hourly and are required to be paid overtime in certain circumstances. Exempt employees, by contrast, are paid a salary and are not subject to overtime payment requirements. If your employer changes your employment status from exempt to non-exempt (or vice versa), your payment arrangements should also change to match your new classification.

Can my employer reduce my pay or hours?

Yes. Unless your position is covered by an employment contract that states that you will work a certain number of hours and receive a certain amount of pay, your employer may lower your pay or hours at any time, so long as the employer gives you one full period of advanced notice.

How should I handle a sexual advance from a co-worker?

Sexual advances in the workplace are inappropriate and can be extremely uncomfortable and distressing for the victim of the advances. If you feel that a coworker is making a sexual advance toward you, there are a few steps you can take, including:

Asking the individual to stop

Speaking to your manager

Speaking to your Human Resources department

If these methods fail, you also have the option to file an administrative charge with the Equal Employment Opportunity Commission or bring a civil suit against the employer.

What kind of evidence do I need to bring my Maryland employment attorney if I want to bring a discrimination or harassment case?

Discrimination and harassment claims are often tricky because they can be difficult to prove in the absence of a direct admission from the employer that it discriminated against an employee. However, a plaintiff can also prove discrimination and harassment with circumstantial evidence, such as:

Observations of different treatment of the plaintiff from other employees

Rude, derogatory, or sexual comments made by supervisors

A history of previous discriminatory or sexual complaints against the employer

Jobs or promotions being awarded to individuals with lesser qualifications but different characteristics (i.e., race, sex, etc.) than the plaintiff

What is the Whistleblower Protection Act?

The Whistleblower Protection Act is a federal statute that protects federal employees from retaliation (i.e., firing, reducing pay, making the employee's job unpleasant, etc.) when they report wrongdoing by their employers. This wrongdoing can include a wide range of behaviors, including violating laws, mismanaging funds, abuse of authority, and creating a danger to public health and safety. The state of Maryland also enforces a number of state-level whistleblowing statutes.

Can my boss use my social media profile against me?

Generally, yes. So long as the employer is not violating federal anti-discrimination laws (i.e., disciplining an employee based on social media posts related to their race, age, sex, etc.) or punishing the employee for discussing company polices on social media, an employer may discipline an employee for inappropriate social media posts.

Can my employment be terminated for conduct that takes place outside of work?

Yes. While employers may not terminate employees for discriminatory reasons, they may terminate employees for engaging in criminal activity or conduct otherwise unbecoming of an employee that occurs outside of work. This is especially true in cases of at-will employment or cases in which the employee's contract contains a morality clause.

Do I qualify for unemployment benefits?

In order to receive unemployment benefits in Maryland, you must:

Be able to work

Be actively searching for a new job

Have lost your job through no fault of your own

Have worked in the State of Maryland for a certain amount of time (known as a "base period")

Have earned at least $1,176 in the quarter prior to losing your job

Have earned at least 1.5 times the earnings of your highest-paid quarter over the entire base period

What is the statute of limitations for bringing an employment lawsuit in Maryland?

If you believe that you have been discriminated in the workplace, you generally have six months to file a complaint with the Maryland Commission on Civil Rights. Please note, however, that depending on the claim the time to file may be shorter or longer than six months. That is why it is absolutely imperative that you contact a Maryland employment attorney as soon as possible.

Why hire a Maryland employment law firm?

Employment law is complex and can be confusing to the average person, especially since employment lawsuits often proceed based on an interaction of federal and state claims. An employment lawyer will be able to assist you in identifying possible employment law issues, gathering evidence, building a case, and navigating it through the court system.

What out-of-pocket costs or fees should I expect if I work with an attorney?

As with all legal questions, the answer is "it depends," not only on the complexity of your case, but also on the individual attorney's fee structure for a particular matter. In some cases, attorneys charge a flat fee for performing a certain task. In others, they charge hourly. In still others, they charge on a contingency fee basis, meaning that you do not pay unless they win your case. Whenever you hire a employment law firm, make sure that you understand your fee agreement from the outset of the representation.

Contact a Leading Maryland Employment Law Firm Today

Do you have an employment law question that we didn't cover here? Contact the Maryland employment attorneys at the Law Firm of J.W. Stafford by filling out our online form or calling us at 410-514-6099.

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Maryland Employment Law Firm | Employment FAQs | Stafford Law

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Employment law is a vast subject that covers a wide variety of topics. Every issue from discrimination, retaliation, medical leave and many others come under the umbrella of employment law. However, there are certain employment law questions that we receive more often than others.

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What Is At-Will Employment?

The vast majority of employment relationships in Maryland and D.C. are what the law refers to as "at-will." This generally means that an employer may terminate an employee for any reason or no reason, while an employee may leave his or her job for any reason or no reason. At-will employment is in contrast to contractual employment, where an employment contract governs the relationship between the employer and the employee. Employment contracts normally contain specific terms relating to job duties, the length of the employment relationship, grounds upon which either party may terminate the employment relationship, etc.

At-will employment comes with a number of benefits and responsibilities for both employers and employees. Below, we will highlight the pros and cons of at-will employment, how to determine whether you are an at-will employee, and what recourse at-will employees have if they are terminated. For more information about any of the topics discussed herein, please contact the Maryland wrongful termination attorneys at The Law Firm of J.W. Stafford.

Why Is Most Employment At-Will in Maryland and Throughout the US?

The American economy is a capitalist system that seeks to allow commerce to operate freely with as little government intervention as possible. To that end, American public policy favors laws that give employers and employees broad freedom to determine their own employment relationships. Any barriers to that freedom (such as non-compete agreements) generally are disfavored by the law. These policies have resulted in the flourishing of an at-will employment system in most of the country, where employers and employees can terminate their employment relationships with one another for (almost) any reason or no reason at all. Such flexibility comes with both pros and cons. Some of the strengths of the at-will employment system are:

It offers employees the freedom to accept better jobs at any time

It encourages merit-based promotions, rather than promotions based on seniority or contract

It allows employers to rapidly fill vacant positions with the most qualified candidates

Fear of termination tends to encourage employees to perform at peak capacity

Most (but not all) of the pros of the at-will employment system benefit employers. Some of the cons of this system to employees are:

It is uncertain

Hirings tend to occur slowly, while firings occur quickly

Employees can be fired for any reason - even for minor violations

It can create a culture of fear and distrust between employers and employees

For all of its pros and cons, at-will employment is the dominant form of employment nationwide and is likely to stay that way for the foreseeable future.

Our Maryland Wrongful Termination Lawyers Explain Whether You are an At-Will Employee

The law in most states presumes that employment relationships are at-will absent evidence to the contrary. As such, at-will employment is the "default" form of employment, and courts generally will consider all employees at-will unless they can produce an employment contract or other evidence that there was an agreement between the employee and his or her employer. Nonetheless, there are occasionally edge cases in which it is not entirely clear whether a particular employee is employed at-will or on a contractual basis. These edge cases often involve implied contracts - i.e., verbal statements by the employer that induce reliance by the employee. For example, if an employer tells an employee "you will have a job here for at least three years," a court may not consider that employment relationship to be at-will. If the employer fires the employee in her second year of employment, she may be able to pursue a breach of contract action based upon the implied contract between the parties. To prevent such confusion from arising, many employers require new employees to sign agreements establishing that the employment relationships are at-will.

What to Do If You are Fired in Maryland

As we have covered extensively elsewhere, there are a very limited number of circumstances in which an at-will employee who is terminated may be able to pursue a wrongful termination claim. Principal among these is discrimination. While employers may fire employees for "any reason," that reason may not include discrimination on the basis of race, sex, age, or any other protected characteristic. Employers also are prohibited from firing at-will employees if the firing would violate public policy, such as firing employees for exercising a legal right (like filing a workers' compensation claim) or for refusing to participate in illegal activity.

Contact the Maryland Wrongful Termination Lawyers at The Law Firm of J.W. Stafford

For more information about pursuing a wrongful termination claim as an at-will employee, please contact the Maryland wrongful termination attorneys at The Law Firm of J.W. Stafford for a consultation by calling 410-514-6099.

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Maryland Wrongful Termination Lawyers | At-Will Employee Rights

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The vast majority of employment relationships in Maryland and D.C. are what the law refers to as "at-will." This generally means that an employer may terminate an employee for any reason or no reason, while an employee may leave his or her job for any reason or no reason.

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Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. Each state has passed laws and rules to protect your workplace rights: this page covers Maryland employment discrimination. The purpose of Maryland antidiscrimination law is to protect workers in Maryland from unlawful discrimination in employment. Read below to learn more about Maryland employment law and how the law protects you.

1. I live in Maryland. What kinds of discrimination are against state law?

Maryland law makes it illegal for an employer to discriminate on the basis of race, sex, , color, ancestry or national origin, age, religion, marital status, sexual orientation, genetic identity, gender identity, disability, or genetic information.

You should also check with your city or county to see if you live and/or work in a city or county with a local anti-discrimination ordinance. Some cities and counties in Maryland have agencies that process claims under local ordinances and may be able to assist you. These agencies are often called the "Human Rights Commission," "Human Relations Commission," or the "Civil Rights Commission." While some county information is included below, you may also need to check your local telephone directory or government web site for further information. In addition, if you work for the state government or a local government, special anti-discrimination laws and remedies may apply to you.

In Howard County, it is illegal for an employer to discriminate on the basis of race, creed, religion, handicap, color, sex, national origin, age, occupation, marital status, political opinion, sexual orientation, personal appearance, familial status or source of income. In Montgomery County, it is illegal for an employer to discriminate on the basis of race, color, religion, ancestry, sex, age, national origin, marital status, handicap, sexual orientation, and genetic status. In Prince Georges County, it is illegal for an employer to discriminate on the basis of race, creed, color, sex, age, national origin, occupation, marital status, political opinion, personal appearance, physical or mental handicap, criminal record, or sexual orientation. If you live outside these counties, check with your city or county for further information. In Baltimore County, it is illegal for an employer to discriminate on the basis of race, creed, religion, physical or mental handicap, color, sex, national origin, age, and marital status. In Frederick County, it is illegal for an employer to discriminate on the basis of race, color, national origin, sex, age, marital status or disability.

2. How do I file a discrimination claim in my state?

In Maryland, a discrimination claim can be filed either with the state administrative agency, the Maryland Commission on Civil Rights (MCCR) or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The two agencies have what is called a "work-sharing agreement," which means that the agencies cooperate with each other to process claims. Filing a claim with both agencies is unnecessary, as long as you indicate to one of the agencies that you want it to "cross-file" the claim with the other agency.

The Baltimore Community Relations Commission, Howard County Office of Human Rights, Montgomery County Human Relations Commission, and Prince George's County Human Relations Commission all also have work-sharing agreements with the EEOC, which means that you may also file with one of these local agencies to preserve your claim under local, state and federal law.

Some county antidiscrimination statutes (Prince George's, Montgomery and Howard) cover some smaller employers not covered by federal law. Therefore, if your workplace has fewer than 15 employees, you should file with your county agency, as the EEOC enforces federal law, which covers only employers with 15 or more employees. (Maryland law also only covers workplaces of 15 or more employees.) If your workplace has 15 or more employees, you may file with the county agency, state agency, or the EEOC; however, some attorneys recommend that you file with either the county agency (if one exists) or the EEOC (if there is no county agency).

To file a claim with the MCCR, contact the closest office below. More information about filing a claim with MCHR can be found at the MCCR website.

Maryland Commission on Civil Rights
William Donald Schaefer Towers
6 Saint Paul Street
Suite 900
Baltimore, MD 21202
Phone: (410) 767-8600
Toll Free: (800) 637-6247
TTY: (410) 333-1737
Fax: (410) 333-1841

Howard County Office of Human Rights
6751 Columbia Gateway Drive
Suite 239
Columbia, MD 21046
Phone: (410) 313-6430
Fax: (410) 313-6468

Montgomery County Human Relations Commission
21 Maryland Ave, Suite 330
Rockville, MD 20850
Phone: (240) 777-8450
Fax: (240) 777-8460
TTY: (240) 777-8480

Prince George's County Human Relations Commission (HRC)
14741 Governor Oden Bowie Drive
Suite L202
Upper Marlboro, MD 20722
Phone: (301) 883-6170
Fax: (301) 708-8244

Fredrick County Human Relations Department
401 Sagner Ave.
Frederick, MD 21704
Phone: (301) 600-1063
Fax: (01) 600-1636

Baltimore County Human Relations Commission
Drumcastle Government Center
6401 York Road, 1 st Floor
Baltimore, MD 21212
Phone: (410) 887-5917
TDD: (410) 339-7520
Fax: (410) 877-6079

There are also MCCR offices in Hagerstown (Western Maryland), Cambridge, Salisbury (Eastern Shore), and Leonardtown (Southern Maryland).

To file a claim with the EEOC, contact your local EEOC office below. More information about filing a claim with the EEOC can be found at the EEOC How to File page.

Baltimore District Office
City Crescent Building
31 Hopkins Plaza
Suite 1432
Baltimore, MD 21201
Phone: (410)209-2237
TTY: 1-800-669-6820

EEOC has launched an online service that enables individuals who have filed a discrimination charge to check the status of their charge online. This service provides a portal to upload and receive documents and communicate with the EEOC, allowing for a faster transmitting period. Those who have filed a charge can access information about their charge at their convenience and allow entities that have been charged to receive the same information on the status of the charge. All of the EEOC offices now use the Digital Charge System. If you file on or after September 2, 2016, the Online Charge Status System is available for use. The system is not available for charges filed prior to this date or for charges filed with EEOC's state and local Fair Employment Practices Agencies. The system can be accessed at the EEOC website. If you do not have internet or need language assistance, you may call the toll-free number at 1-800-669-4000. For additional help, you may also call the toll free number to retrieve the same information provided in the Online Charge Status System.

3. What are my time deadlines?

Do not delay in contacting the MCCR, EEOC or your county agency to file a claim. There are strict time limits in which charges of employment discrimination must be filed. In order for these to act on your behalf, you must file with the MCCR (or cross-file with the EEOC) within six months or the EEOC (or cross-file with the state agency) within 300 days of the date you believe you were discriminated against. Some of the county filing deadlines are as follows:

Howard County - Suit cannot be filed sooner than 45 days after administrative charge is filed with Howard County Office of Human Rights and must be filed within 6 months of the alleged discriminatory act.

Montgomery County - Suit cannot be filed sooner than 45 days after administrative charge is filed with Montgomery County Human Relations Commission and must be filed within 2 years in the state circuit court within 2 years of the discriminatory act.

Prince George's County - Suit cannot be filed sooner than 45 days after administrative charge is filed with Montgomery County Human Relations Commission and must be filed within 2 years in the state circuit court within 2 years of the discriminatory act.

Baltimore County - Suit cannot be filed sooner than 90 days after administrative charge is filed with Baltimore County Human Relations Commission and must be filed within 2 years in the state circuit court within 2 years of the discriminatory act.

Frederick County - Suit cannot be filed sooner than 180 days after administrative charge is filed with Frederick County Human Relations Commission and must be filed within 2 years in the state circuit court within 2 years of the discriminatory act.

However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, but if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your discrimination claim with the county, state or federal administrative agencies.

4. What happens after I file a charge with the EEOC?

When your charge is filed, the EEOC will give you a copy of your charge with your charge number. Within 10 days, the EEOC will also send a notice and a copy of the charge to the employer. At that point, the EEOC may decide to do one of the following:

Ask both you and the employer to take part in a mediation program

Ask the employer to provide a written answer to your charge and answer questions related to your claim, then your charge will be given to an investigator

Dismiss the claim if your charge was not filed in time or if the EEOC does not have jurisdiction

If the EEOC decides to investigate your charge, the EEOC may interview witnesses and gather documents. Once the investigation is complete, they will let you and the employer know the result. If they decides that discrimination did not occur then they will send you a "Notice of Right to Sue." This notice gives you permission to file a lawsuit in a court of law. If the EEOC determines that discrimination occurred then they will try to reach a voluntary settlement with the employer. If a settlement cannot reached, your case will be referred to the EEOC's legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If the EEOC decides not to file a lawsuit then they will give you a "Notice of Right to Sue."

How long the investigation takes depends on a lot of different things, including the amount of information that needs to be gathered and analyzed. On average, it takes the EEOC nearly 6 months to investigate a charge. A charge is often able to settle faster through mediation (usually in less than 3 months).

5. How can I or my attorney pursue a claim in court in Maryland?

If your case is successfully resolved by an administrative agency, it may not be necessary to hire an attorney or file a lawsuit. If your case is not resolved by the county agency, MCCR or EEOC, however, you may need to pursue your claim in court. A federal employment discrimination case cannot be filed in court without first going to the EEOC, as discussed above, and having the EEOC dismiss your claim. This process is called "exhaustion" of your administrative remedy. Many counties also require exhaustion through the county agency.

Maryland's employment discrimination code was amended and now allows employees claiming discrimination violations the ability to sue in state court. Maryland attorneys also have the option to file employment discrimination cases in state court using county law if you work in Prince George's, Montgomery or Howard counties. In Baltimore County, there is a right to sue in court if your employer has fewer than 6 employees, and the law limits the damages you can recover. A case filed in state court using federal law may be subject to "removal," which means that a defendant employer requests to move the case to federal court, because it involves a federal statute, such as Title VII or the ADEA.

The EEOC must first issue the document known as "Dismissal and Notice of Rights" or "Notice of Right to Sue," (Form 161) before you can file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. (Be sure to mark down that date when you receive it.).

In Montgomery, Prince George's, and Howard counties, you may file a case in court based upon your county claim no later than two years after the discriminatory act occurred, but no sooner than 45 days after filing a complaint with the county agency. Different deadlines may apply in other cities and counties.

These deadlines are called the statute of limitations. If you have received one of these agency dismissal letters, do not delay consulting with an attorney. If your lawsuit is not filed by the deadline, then you may lose your ability to pursue a discrimination case.

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Midwest New Media, LLC - http://www.midwestnewmedia.com - (513) 742-9150

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Filing a Discrimination Claim - Maryland - Workplace Fairness

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Employment discrimination is the practice of unfairly treating a person or group of people differently from other people or groups of other people at work, because of their membership in a legally protected category such as race, sex, age, or religion. Each state has passed laws and rules to protect your workplace rights: this page covers Maryland employment discrimination.

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Most, if not all employers recognize that it is illegal to discriminate in the workplace on the basis of age, race, gender, nationality, citizenship, or marital or family status. Nonetheless, many employers still ask potential candidates questions that are illegal under state and federal law.

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Montgomery County MD Enacts Bill to Expand Scope of “Ban the Box” Law 

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Montgomery County MD Enacts Bill to Expand Scope of “Ban the Box” Law 

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Written By ESR News Blog Editor Thomas Ahearn

On November 10, 2020, the Montgomery County Council in Maryland unanimously enacted Bill 35-20, Human Rights and Civil Liberties - Fair Criminal Record Screening Standards - Amendments to expand the scope of a "Ban the Box" law the County passed in 2014, according to a press release from the Montgomery County Council.

Bill 35-20 aims to help prevent workplace discrimination and promote fair screening standards by prohibiting background checks and preventing inquiries into certain types of arrests and convictions prior to the extension of a conditional offer of employment. In Montgomery County, the Ban the Box bill would:

Alter definitions regarding fair criminal record screening standards;

Prohibit certain inquiries regarding criminal records;

Prohibit consideration of certain arrests and convictions in employment decisions; and

Generally amend the law regarding criminal record screenings.

In 2014, the Council enacted a Ban the Box law which prohibited employers of 15 or more full-time employees (FTEs) in the County from conducting a criminal background check of a job applicant, or otherwise inquiring about the criminal or arrest history of an applicant, prior to the completion of a first interview.

Bill 35-20 expands the scope of the Ban the Box law by prohibiting background checks until after a conditional job offer has been extended, prevents inquiries about certain crimes altogether, and redefines "employer" to include any County employer except employers that provide services to minors or vulnerable adults.

"If a person has paid their debt to society, or if they have been arrested and found not guilty or not charged at all, we believe they should have access to the same economic opportunities as anyone else," Councilmember Will Jawando, the lead sponsor of the bill, stated in the press release. His remarks about the vote can be viewed here.

"Ban the Box" refers to the box on job applications that applicants are asked to check if they have a criminal record. As of September 2020, 36 states and more than 150 cities and counties have adopted Ban the Box laws to reduce employment barriers for ex-offenders and have them judged on their knowledge, skills, and abilities.

Ban the Box laws and second chance programs that give ex-offenders with a prior criminal record a chance to find work are spreading rapidly in the U.S., according to the "ESR Top Ten Background Check Trends" for 2020 that was compiled by leading global background check provider Employment Screening Resources® (ESR).

Employment Screening Resources® (ESR) offers a white paper on "Ten Critical Steps for Ex-Offenders to Get Back into the Workforce," an "ESR Ban the Box Resource Guide for States, Counties & Cities," and a Ban the Box Resource Page with an interactive map with Ban the Box laws. To learn more about ESR, visit www.esrcheck.com.
NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only. © 2020 Employment Screening Resources® (ESR) - Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

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Montgomery County MD Expands "Ban the Box" Law - Employment Screening Resources

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Written By ESR News Blog Editor Thomas Ahearn On November 10, 2020, the Montgomery County Council in Maryland unanimously enacted Bill 35-20, Human Rights and Civil Liberties - Fair Criminal Record Screening Standards - Amendments to expand the scope of a "Ban the Box" law the County passed in 2014, according to a press release from the Montgomery County Council.

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Strategies for Avoiding Wrongful Termination Claims

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Strategies for Avoiding Wrongful Termination Claims

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Strategies for Avoiding Wrongful Termination Claims | The Law Firm of J.W. Stafford, L.L.C.

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Facing an influx of wrongful termination claims? Our Maryland employment attorney provides some useful tips for avoiding wrongful termination claims.

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Are You in a Hostile Work Environment? | The Law Firm of J.W. Stafford, L.L.C.

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Hostile work environment claims are more complex than many people realize. If you are in a hostile work environment, Maryland employment attorney J.W. Stafford can help.

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Discrimination Based on Sexual or Gender Orientation

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Discrimination Based on Sexual or Gender Orientation

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Discrimination Based on Sexual or Gender Orientation - Know Your Rights | The Law Firm of J.W. Stafford, L.L.C.

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Discrimination on the basis of sexual orientation or gender identity is illegal. If you believe you have been discriminated against, Maryland employment lawyer J.W. Stafford can help.

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North Carolina Federal Discrimination Lawyer

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North Carolina Federal Discrimination Lawyer

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North Carolina Federal Discrimination Lawyer | Law Firm of J.W. Stafford

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North Carolina federal discrimination lawyer J.W. Stafford can help if you face discrimination as a federal employee. Call today.

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How to Prevent Discrimination in the Workplace

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How to Prevent Discrimination in the Workplace

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Laws have come a long way when it comes to recognizing and prohibiting discrimination in the workplace. Unfortunately, it's still an all too common occurrence. Discrimination in the workplace is detrimental for employees and puts the company at risk for legal action. In order to ensure that your company treats all of its employees fairly and legally, it is important that your HR department understands discrimination laws and has a strong policy in place to comply with them.

What is Workplace Discrimination?

Workplace discrimination occurs when an employee is treated unfavorably due to their:

Age

Sex or Gender, Including Sexual Orientation and Gender Identity

Race, Ethnicity, or National Origin

Disability

Religion

Genetic Information or Medical History

Pregnancy or Familial Status

Marital Status

Political Beliefs

Military/Veteran Status

Workplace discrimination can take many forms and is not always obvious on the surface. Some of the ways that candidates and employees who fall into the categories above are illegally discriminated against include:

Discrimination in hiring or promotions

Discrimination in termination

Paying equally qualified employees differently

Preferential treatment or singling out employees for degrading tasks

Bullying, harassment, and derogatory comments/jokes, including microaggressions

Sexual advances, innuendos, or promotions based on sexual favors

Discriminatory workplace policies, such as dress codes

Failure to provide reasonable accommodations

Refusal to allow employees time off for religious holidays

Retaliating against an employee that makes a discrimination claim

Regardless of the type of discrimination, if it is not stopped right away it can interfere with the discriminated employee's ability to do their job and create a hostile work environment.

How Do You Prevent Discrimination in the Workplace?

It is important for your company to have and enforce a strong anti-discrimination policy. Preventing discrimination before it happens not only creates a better work environment for all employees, but can also prevent potentially expensive lawsuits against the company.

1. Understand Federal and State Discrimination Laws

Drafting an anti-discrimination policy starts with an awareness of the federal and regarding discrimination that apply to your company. Here are some of the important federal laws enforced by the Equal Employee Opportunity Commission (EEOC):

Title VII of the Civil Rights Act: This law prohibits discrimination based on sex, race, or religion. This includes color, national origin, sexual orientation/gender identity, and pregnancy status. It also protects employees from retaliation for reporting or opposing discrimination against them.

The Pregnancy Discrimination Act: This expansion of Title VII also prevents discrimination based upon pregnancy or childbirth, or for medical issues related to these.

The Equal Pay Act: The EPA prevents sex-based wage discrimination for employees who perform equal work.

The Age Discrimination In Employment Act: The ADEA protects employees 40 and over from age discrimination.

The Americans With Disabilities Act: Title I of the ADA prohibits discrimination against qualified employees based on disability.

2. Adopt a Written Policy

Your company should have a written anti-discrimination policy that all new hires should be required to review. The policy should clearly state what activities are prohibited and what classes are protected. It should also include information on how to report discrimination issues, how claims are investigated, and provisions that prevent retaliation against employees who report discrimination.

3. Develop a Process for Handling Complaints

There should be a clear and consistent process for how discrimination complaints are handled by your HR team. Investigations should be handled promptly by an impartial investigator who has experience in discrimination issues. Employees should feel safe to speak up about any discrimination they experience without fear of retaliation. Ensuring that confidentiality will be maintained can help reporting parties with this.

Unfortunately, many companies make mistakes when handling discrimination complaints. Employees should know that their complaints will be taken seriously and that appropriate disciplinary actions will be taken. Having an overly complicated reporting system or delays in investigation will discourage employees from coming to your HR team when they are experiencing discrimination. An anti-discrimination policy is useless if it is not actually enforced.

For complaints to be handled in a fair manner, it is also important for HR teams to be aware of their privilege. For instance, a Caucasian individual may not understand how certain actions are racist, and may minimize the severity of the offense. Likewise, a male may not comprehend the discomfort that a female employee is experiencing. To really grasp how an employee is being affected by discrimination, HR professionals must be willing to listen to their point of view and examine themselves for unconscious biases.

4. Review and Update Your Company's Policy Regularly

As labor laws are constantly being updated, it is imperative that HR teams keep up with those changes. Your company's anti-discrimination policy should be regularly reviewed and revised to stay compliant. In fact, all company policies should be periodically reviewed to prevent policies that unintentionally discriminate. Any changes made to policies should be communicated to all employees immediately and put in writing.

5. Constantly Educate Employees

It is not enough to have new hires read a policy or go though a single anti-discrimination training. Preventing discrimination is the responsibility of all employees, but is up to HR teams and company leaders to set the example by treating everyone equally with respect to their protected classes. There should be mandatory continuing employee education on harassment, discrimination, and company policies. Not all state laws require this training, but it's still a wise idea for HR teams to conduct this training at least once a year or whenever there is a change made to company policies.

It's crucial for all companies to foster a culture that condemns discrimination and celebrates diversity. To learn how to build a more diverse workforce, .

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How to Prevent Discrimination in the Workplace

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Laws have come a long way when it comes to recognizing and prohibiting discrimination in the workplace. Unfortunately, it's still an all too common occurrence. Discrimination in the workplace is detrimental for employees and puts the company at risk for legal action.

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The Reasons for Choosing a Government Job Over a Private Sector Job

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The Reasons for Choosing a Government Job Over a Private Sector Job

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Most Americans work in the private sector, and most never consider working for the government. But, there are millions of jobs in the public sector, and there are several benefits - including practical, financial, and legal benefits - of working for a government agency.

Today, almost any job you can find in the private sector you can also find in the government. From graphic design to software development, and from engineering to management, government agencies employ civil servants in all types of occupations. As discussed below, there are several reasons to consider a government job-although there are some countervailing considerations as well.

10 Reasons to Consider Working for the Government

So, what are the benefits of working for the government? Here are 10 reasons to consider a government job over working in the private sector:
Making a Difference
Working in the government allows you to make a difference. The government works for the people; and, by supporting the government's mission, you can have a positive effect on your own life and the lives of those around you. Even if you aren't leading an agency and making policy decisions or working alongside lawmakers to draft legislation, you can still feel proud knowing that you are playing a part in something much bigger than yourself or any one company.

Of course, some companies make a difference as well. As is the case with most of the items on this list, the benefits of working in the government and of working in the private sector are not necessarily mutually exclusive. But, while understanding company leaders' true intentions can often be challenging, you can be confident that the government has the public's best interests in mind.
A Clear Path to Promotion
When you work in the government, you have a clear path to promotion. You will enter the government at a certain level, and there will be higher levels that you can work to reach throughout your career as a civil servant. If you meet your agency's expectations and achieve your performance goals, you can expect to advance in your career if you wish to do so.

While most companies also offer advancement opportunities, private companies don't have to be (and frequently are not) as transparent as the government with regard to their promotion standards and practices. As discussed in greater detail below, if you get passed over for a promotion opportunity as a government employee, there are generally clearer grounds and more straightforward procedures for standing up for yourself as well.
Clear Criteria for Raises
The same considerations that apply to promotions also generally apply to compensation. As you advance through the levels of government employment, you can expect your compensation rate to increase commensurately.

In the private sector, raises tend to be far less predictable; and, at many companies, they are contingent on the company's financial success in any given year. A major counterpoint, however, is that working in the private sector can be far more lucrative in many occupations.
Paid Time Off
While most companies offer some form of paid time off (PTO), companies are increasingly blending vacation time and sick time, and some companies have taken the approach of giving employees discretion regarding how much time they take off from their jobs. While this approach is ostensibly intended to give employees more flexibility and improve their quality of life, it also draws a clear distinction between those employees who choose to take time off and those who do not.

In the government, it is still standard for employees to receive separate allocations of sick days and vacation days. Additionally, while newer private-sector employees often need to work for a certain number of months or years before becoming eligible for full PTO, government employees are more likely to be fully eligible from day one. For example, when you work for the federal government:

You are immediately eligible to earn 13 days of sick leave each year; and,

You are immediately eligible to earn 13 days of vacation for your first three years (increasing up to 26 days per year for employees with 15 years of federal service).

Additionally, while private companies often limit the number of PTO days their employees can carry over, this is also less of a concern for government employees. Continuing with the federal example, federal government employees can accumulate sick leave indefinitely with no limits, and they can carry over up to 30 days of accumulated vacation time each year.

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The Reasons for Choosing a Government Job Over a Private Sector Job - Careers in Government

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Most Americans work in the private sector, and most never consider working for the government. But, there are millions of jobs in the public sector, and there are several benefits - including practical, financial, and legal benefits - of working for a government agency.

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EEOC Annual Report Suggest Employment Discrimination in the Federal Government is on the Rise

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EEOC Annual Report Suggest Employment Discrimination in the Federal Government is on the Rise

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EEOC Annual Report Suggest Employment Discrimination in the Federal Government is on the Rise - The Law Firm of J.W. Stafford, L.L.C.

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A recent report from the U.S. Equal Employment Opportunity Commission (EEOC) shows that discrimination in federal employment remains a very real concern.

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Facts about Discrimination in Federal Government Employment Based on Marital Status, Political Affiliation, Status as a Parent, Sexual Orientation, and Gender Identity

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Facts about Discrimination in Federal Government Employment Based on Marital Status, Political Affiliation, Status as a Parent, Sexual Orientation, and Gender Identity

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Laws Enforced By the EEOC

The EEOC enforces the prohibitions against employment discrimination in Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973, Titles I and V of the Americans with Disabilities Act of 1990 (ADA), Title II of the Genetic Information Non-discrimination Act of 2008 (GINA), and the Civil Rights Act of 1991. These laws prohibit discrimination based on race, color, sex (including sexual orientation, gender identity, and pregnancy), religion, national origin, age (40 or older), disability, and genetic information, as well as reprisal for protected activity. The Commission's interpretations of these statutes apply to its adjudication and enforcement in federal sector as well as private sector and state and local government employment.

The U.S. Supreme Court has held that discrimination based on sexual orientation or transgender status violates Title VII's prohibition on discrimination "because of . . . sex." Bostock v. Clayton County, 590 U.S. ---, 140 S. Ct. 1731 (2020); see also Bart M. v. Dep't of Interior (Bureau of Land Management), EEOC Appeal No. 0120160543 (Jan. 14, 2021) (decision by the Commission applying Bostock to find discrimination based on sexual orientation).

Federal government employees may file claims of discrimination under the 29 C.F.R. Part 1614 EEO process on any of the bases covered under the laws EEOC enforces, and/or may also utilize additional complaint procedures described below, as relevant.

Civil Service Reform Act

The Civil Service Reform Act of 1978 (CSRA), as amended, also protects federal government applicants and employees from discrimination in personnel actions (see "Prohibited Personnel Practices" https://www.mspb.gov/ppp/ppp.htm) based on race, color, sex (including sexual orientation, gender identity, and pregnancy), religion, national origin, age, disability, marital status, political affiliation, or on conduct which does not adversely affect the performance of the applicant or employee (which can include sexual orientation or gender identity). The Office of Special Counsel (OSC), www.osc.gov, and the Merit Systems Protection Board (MSPB), www.mspb.gov, enforce the prohibitions against federal employment discrimination codified in the CSRA. For more information, see:

Other Authorities & Agency-Specific Procedures

Another possible area of redress for those who believe they have been discriminated against based on their sexual orientation, gender identity, or parental status is the availability of any agency-specific procedures implemented to redress such discrimination. See Executive Order 11478, section 1 (as amended by Executive Orders 13087, 13672, and 13152).

Many agencies have their own systems or processes to resolve disputes between an employee and the agency that may not be available elsewhere. In general, these systems try to achieve an informal resolution so that disputes do not have to be decided by higher levels of management. Specific procedures and time limitations vary by agency. An employee considering such procedures must become familiar with the rules governing the particular agency's system. Employees who believe that they have been discriminated against due to their sexual orientation, gender identity, or parental status should ask their human resource office for a copy of any applicable agency procedures to determine the processes to follow and subjects they cover.

Executive Order (E.O.) 13152 prohibits federal-sector discrimination based on status as a parent. E.O. 13152 states that "status as a parent" refers to the status of an individual who, with respect to an individual who is under the age of 18 or who is 18 or older but is incapable of self-care because of a physical or mental disability, is: a biological parent, an adoptive parent, a foster parent, a stepparent, a custodian of a legal ward, in loco parentis over such individual, or actively seeking legal custody or adoption of such an individual. E.O. 13152 authorized OPM to develop guidance on the provisions of the Order.

While discrimination based on an individual's status as a parent (prohibited under E.O. 13152) is not a covered basis under the laws enforced by the EEOC, there are circumstances where discrimination against caregivers may give rise to sex discrimination under Title VII or disability discrimination under the ADA. See Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities, https://www.eeoc.gov/laws/guidance/enforcement-guidance-unlawful-disparate-treatment-workers-caregiving-responsibilities.

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Facts about Discrimination in Federal Government Employment Based on Marital Status, Political Affiliation, Status as a Parent, Sexual Orientation, and Gender Identity

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The EEOC enforces the prohibitions against employment discrimination in Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Sections 501 and 505 of the Rehabilitation Act of 1973, Titles I and V of the Americans with Disabilities Act of 1990 (ADA), Title II of the Genetic Information Non-discrimination Act of 2008 (GINA), and the Civil Rights Act of 1991.

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Your Rights as an LGBTQ Employee of the Federal Government

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Your Rights as an LGBTQ Employee of the Federal Government

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Your Rights as an LGBTQ Employee of the Federal Government - The Law Firm of J.W. Stafford, L.L.C.

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Learn about your legal rights as an LGBTQ federal employee or job applicant from federal employment attorney Jay W. Stafford.

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The Toll of Toxic Work Environments on Your Mental Health

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The Toll of Toxic Work Environments on Your Mental Health

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Unfortunately, I have entirely too much personal experience in dealing with toxic work environments, and I know I am not alone. I have dealt with passive-aggressive management, sex discrimination, unrealistic expectations, ridiculous policies, unsafe environments, and more. The worst situation led to a serious injury that required surgery and left me permanently partially disabled.

The treatment by my employer after the injury-expecting me to complete the same workload despite being physically unable to-left me so depressed and anxious that I was regularly crying in the bathroom during my shift. I learned the hard way about how serious the toll can be on your mental health when you feel trapped in a toxic work environment, and I will never forget the feeling of relief I had when I stepped out of that building for the last time.

If you dread going to work every day and your job leaves you with negative feelings, your work environment may not be working for you. However, there is a big difference between a position that is not a good fit for you and an environment that could be called "toxic" that is actively damaging to your well-being. Here are some of the warning signs of a toxic work environment:

We all have days where we simply don't feel like going to work. It's a nice day, and you'd rather go to the beach! However, the effects of a work environment that is toxic can have devastating effects on your daily life. If your job is causing or exacerbating any of these mental health issues, you should seriously consider finding a different position:

Obviously, if your work environment is causing you distress or negatively impacting your mental health, the best option is to leave. However, many people are unable to resign from their current position until they can find another source of income. If you feel trapped in such a workplace, here are some strategies to help you cope as you search for new employment:

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The Toll of Toxic Work Environments on Your Mental Health

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If your job is making you depressed or anxious, it may be time to leave.

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Don’t Sign That Employment Contract Without Checking These 8 Things

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Don’t Sign That Employment Contract Without Checking These 8 Things

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The job market is tough these days, and job hunting is stressful. There is nothing like the feeling of relief you get when you finally have a job offer after a long search. While you may be eager to get started, it is important to not sign an employment contract before thoroughly looking it over. Remember that verbal agreements are not generally legally binding, and it is essential to ensure that any agreements made are spelled out in writing in the actual contract.

To avoid signing a bad deal in your eagerness, don't sign an employment contract without first checking these eight things.

1. Job Title

The job title in the contract should match what was in the job listing you applied for unless you have already agreed to accept a different position. This may seem minor, but that job title will potentially be on your resume for years, and it should be an actual reflection of your duties. It is also an indication of how you will be represented to colleagues and external vendors. An inaccurate job title can also affect your level of seniority, duties, and compensation. The contract should also correctly identify whether you will be considered an employee or a contractor.

2. Job Duties

In addition to your job title, it is important that the contract clearly and accurately spells out the job duties and responsibilities as stated in the job listing and interview. It is important to understand your role and how your performance will be evaluated before accepting the offer. This ensures that you will only be expected to perform the work you agreed to at the interview and that the duties align with your skills and work ethic.

3. Salary and Compensation

It is imperative that the compensation package is clearly defined and matches what was discussed in the job posting and interview. This includes the salary, commissions, health insurance, bonuses, stock options, 401K, expenses reimbursements, and paid time off. It should provide information on how and when you will be paid, and how often compensation is increased.

If some of your benefits don't kick in after a probationary period, this should be included in the contract as well. While a probationary period of up to 90 days is not uncommon, anything longer than that should be cause for concern.

4. Working Hours

Make sure the contract clearly states your start date, your expected working days and hours, and how many hours a week you will be expected to work. If the role is temporary or contract, the end date should be specified as well. Ensure that the construct states whether you will be full or part-time, if overtime is expected, and whether overtime pay is offered. This can help prevent potential wage disputes with your new employer further down the line.

5. Paid Time Off

Some states require paid sick leave, so verify that the contract provides at least the minimum required by your state. Many employers offer additional paid time off in the form of vacation or holiday pay. Since this is part of your compensation package, make sure that what you see in the contract is what was agreed upon.

The contract should state how the time off is accrued, and how to use it. When does the "year" start in terms of accrual and holiday pay? How far in advance do you need to request vacation time, and how do you submit the request? Are there penalties for calling out sick, and do you need a doctor's note to return to work? Will unused time off be paid out when you leave the company? Make sure you fully understand how to access your paid time off.

6. Arbitration Clauses and Class Action Waivers

Think carefully before you sign a contract with a mandatory arbitration clause. Many employers require this, and it waives your right to a jury trial in the event of a dispute. That means if you have a wage, discrimination, or other issue with your employer, you will be forced to used an arbitrator and will be unable to take legal action by other means.

The same is true for class action waivers. This prevents employees from joining together for a class action lawsuit and taking collective legal action if the rights of multiple workers are infringed upon. Instead, each employee will have to file their own individual suit, making it more difficult to resolve extensive labor violations.

7. Restrictive Covenants

Many other companies have other restrictive covenants in their employment contracts which can affect your future job opportunities. These include:

Non-Compete Agreements: These prevent you from working for a competitor or launching a business that could compete with your employer for a specified time period after the end of your employment.

Non-Solicitation, Non-Dealing, and Non-Poaching Agreements: These are intended to prevent former employees from "poaching" clients, suppliers, or employees for their new companies.

Confidentiality Clauses or Non-Disclosure Agreements: These prevent former employees from sharing confidential information about the company or trade secrets.

Ownership Clauses: If you are doing creative work for the company or creating intellectual property, the company will likely have a clause that specifies who owns the work you produce. In most cases, this will be the company.

Make sure the ones you are expected to agree with make sense for your position. While it makes sense for a high-level executive to agree to confidentiality or non-solicitation clauses, the same clauses may be overly restrictive for an entry-level employee that does not have access to trade secrets. While some courts may overrule such clauses in a dispute, it is better to avoid agreeing to overly restrictive clauses in the first place.

8. Termination

While leaving the job in the future is usually not something you want to consider when you are just starting out, it is important to be aware of the company's termination policy. The contract should stipulate the process for either party dissolving the employment contract. This includes how and when to provide notice of termination, whether the employee is at-will, and if any severance package is provided.

What To Do If You Notice Discrepancies

If something in your employment contract is unclear, or does not match what was agreed upon, ask for clarification. In some cases, it may simply be a clerical error that is easily corrected. If you believe some aspect of the contract is unfair, you are free to negotiate. However, be advised that your potential new employer may not agree to change the contract. For instance, if there is a mandatory arbitration clause or class action waiver, they are unlikely to remove it. In instances where the employer will not budge, it is up to you to decide whether the terms of the contract are ones you can live with.

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Don't Sign That Employment Contract Without Checking These 8 Things

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Think carefully before signing if you notice any of these red flags.

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The Section of Labor Law and the Public Awareness Committee of the Maryland State Bar Association have prepared this information. It is intended to inform the public and not serve as legal advice .
Introduction
The rights of employees working in Maryland are protected by federal, state and local laws, as well as by common law through the actions for breach of contract, and intentional and negligent unlawful acts. Most of the federal, state, and local statutes are enforced primarily by specific agencies. Common law claims must be entered through the state courts, which enforce such claims.
Discrimination - Sexual Harassment
Many employees complain that their employer gives some workers preferential treatment or does not treat all employees equally. The law does not require that all employees be treated equally, not only that they may not be treated differently because of their sex, race, religion, national origin, physical or mental handicap or age. For example, when two employees are equal in job performance, an employer can not give one a better raise because of the employee's sex or race. It is not only unlawful to discriminate in hiring and firing decisions, but also in regard to promotions, pay rates, job assignments, overtime, layoff and recall or any other term or condition of employment. When facing a layoff, an employer may not select "older" employees for layoff simply because they may be able to collect a pension.

The Americans with Disabilities Act (ADA) of 1990 prohibits discriminating against individuals with physical or mental disabilities. The Act requires employers in certain circumstances to make reasonable accommodations for disabled individuals so these individuals may be able to perform the essential functions of a job. For example, recovering alcoholics, former users of illegal drugs, mental retardation, paraplegia, schizophrenia, cerebral palsy, epilepsy, diabetes, muscular dystrophy, multiple sclerosis, cancer, infection with HIV, visual, speech and hearing impairments may be covered under the ADA.

The law also prohibits sexual harassment. Supervisors and employees are strictly prohibited from sexually harassing other employees, whether the harassment results in tangible job harm such as a firing or demotion or other reprisal for refusing sexual advances, or intangible job harm stemming from severe and pervasive harassment. Creating a hostile work environment of a pervasive nature that is abusive to employees based on their gender also constitutes sexual harassment. For example, allowing employees to intimidate and harass other employees through lewd remarks, inappropriate touching or offensive jokes. Employers are required to have a complaint procedure in place and take prompt and reasonable efforts to remedy discrimination once it is known.

The Equal Employment Opportunity Commission and the Maryland Commission on Human Relations are the federal and state agencies designated to enforce these laws. An employee who has been the subject of discrimination may file a charge against his or her employer with these agencies with or without a lawyer's assistance. It is very important to remember that a charge alleging discrimination generally must be filed with the appropriate agency within 180 days from the date of discriminatory act in order to be timely.

The Mental Health Parity Act (MPHA) of 1996 took effect on January 1, 1998 and applies to employees enrolled in group or employer insurance plans covering 50 or more employees; self-insured ERISA plans and fully-insured plans; federal employees covered by the Federal Employee Health Benefits Act; and collectively bargained plans. The MPHA requires that covered health plans that provide mental health coverage provide the same lifetime and annual maximum dollar limits for mental health benefits as they do for conventional medical benefits.
Rights to Representation in the Workplace
The National Labor Relations Act guarantees employees the right to self-organization, to bargain collectively through representatives of their own choosing, to engage in concerted activities for their mutual aid and protection, or to refrain from any of these activities. The National Labor Relations Board, with a regional office located in downtown Baltimore, is the federal agency assigned to investigate alleged violations of the law and enforce the law by prosecuting offenders. Under this Act, employees who are unrepresented have the right to join together to form a union or seek to have an existing labor organization represent them without fear of retribution by the employer. If a majority of employees select the labor organization to represent them, the NLRB will certify the organization and require the employer to bargain with this group regarding wages, hours and other terms and conditions of employment. If an employee is fired from union activity, the NLRB will seek to have the employee reinstated to his or her job with full back pay.

The Act imposes certain requirements upon labor organizations that represent workers. The union must represent all employees fairly and diligently, and may not refuse to represent someone for discriminatory or arbitrary reasons. The federal law also protects the right of un-represented employees to engage in concerted activities for their mutual aid and protection. All employees who complain to the boss about certain working conditions on behalf of co-workers may not be discriminated against because the employee is engaged in protected concerted activities. Employees who jointly refuse to perform an unsafe and dangerous work assignment cannot be disciplined for their joint refusal. The law, however, does not protect individual acts, such as the individual employee complaining about only his or her pay rate. It is only when employees join together in some way that the protections of the law apply.

An employee who feels that his or her right under this law has been violated may file a charge against the employer or union with the NLRB, which will commence an investigation. All charges must be filed within six months from the date of the alleged unlawful act or the charge will be dismissed as untimely. Employees who wish to have a labor organization represent them may file a petition seeking to have the NLRB conduct an election among employees.
Working Conditions and Wages
Both federal and state laws exist that protect workers from unsafe working environments and entitle employees to minimum wages and overtime wages. Health and safety regulations set forth standards that employers must follow to protect workers from exposure to chemicals and other toxic substances; unsafe noise levels; unsafe work practices; and unsafe heat, cold or ventilation conditions. The regulations may require protective clothing for certain types of work and may also require employers to provide certain medical tests (e.g. hearing tests) at company expense. Complaints for violations of these laws may be filed with Maryland Occupational Safety and Health (MOSH).

Federal law requires that employees in most industries be paid a minimum wage and overtime (one and half times the employee's regular rate of pay) for hours worked over 40 per week. There are certain exceptions to the overtime requirements for supervisory and professional personnel, as well as for particular jobs such as salespeople who use telecommunications, and other remote services technology, such as fax, modems, e-mail, and the Internet, to perform their jobs; some computer professionals such as Systems Analysts or Programmers; and some industries such as agricultural enterprises. The law also sets forth minimum wages, which must be paid to construction workers on public work projects and to employees performing government contract service work (e.g. maintenance or janitorial work at a government building or facility). The Wage and Hour Division of the United States Department of Labor investigates and enforces violations of these federal laws. In addition, the state Attorney General's office enforces the state wage law and can help collect unpaid wages to workers.

The Fair Credit Reporting Act requires that employers that use any consumer credit information relating to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of an applicant or employee as the basis, in whole or in part, for employment decisions to (1) disclose to the applicant or employee that a consumer credit report may be obtained and used in making employment decisions; (2) obtain written permission from applicants and employees prior to obtaining the consumer credit report; (3) provide the applicant or employee with a copy of their consumer credit reports and a copy of a summary of rights under the FCRA before taking any adverse action, such as termination; and (4) provide the name, number and address of the credit reporting agency that supplied the report.
Job-Related Injuries
Under the Workers' Compensation laws, all employees are entitled to compensation for lost wages, permanent injuries, and medical costs for accidental injuries incurred during the course of employment. The law also covers compensation for occupational diseases. Claims for compensation for accidental injuries must be filed with the Workers' Compensation Commission within two years of the date of injury. Written notification of an occupational disease must be given to the employer within one year from the date that he employee has knowledge of the disease. It should be noted that many employees think they have filed a claim only to find out that no claim has been filed. Claims may only be filed on official forms supplied by the Workers' Compensation Commission.

In certain instances of job-related injuries, employees may not only make a claim against the employer, but also against third parties. Where a third party's negligence has caused the job accident to occur, such as a truck driver being hit by a non-employee, the negligent third party may be liable for the victim's injuries that are not covered by the compensation laws.
Health and Disability and Pension Rights
Under the Social Security laws, employees who become disabled, whether on the job or off, may be entitled to disability benefits if they are unable to engage in any occupation for a period of 12 months or more. Application for these benefits may be made through the Social Security Administration.

Federal law requires that all employees covered by employer pension plans must be vested within a maximum of five years or vesting must take place in a staggered schedule between three and seven years. Depending upon how the plan is set up, these vesting requirements may be shorter. Federal law also provides for annual disclosure to employees of their benefits under the pension plan.

The Family and Medical Leave Act of 1993, guarantees workers unpaid time off from work for medical emergencies. Employers are required to provide up to 12 weeks of unpaid leave during any twelve month period for the:

Birth and care of an infant

Care of an adopted or foster care child

Serious health condition of an employee

Care of a spouse, child or parent with a serious health condition

The Family Medical Leave Act (FMLA) applies to federal, state and local governments and to companies with more than 50 or more workers. Employees are eligible for FMLA leave after they have worked at 1250 hours for the employer during the previous 12-month period.
Rights to File Charges Without Retaliation
Described above are some of the numerous federal and state laws enacted to protect workers. In most cases, these rights can only be protected by filing charges with the appropriate government agency in a timely manner. Each one of these laws also prohibits an employer's retaliation against an employee for filing a charge or complaint. Even if the employee is unsuccessful in having a complaint or charge corrected, the employee can not be disciplined or otherwise discriminated against for making the complaint. The law further protects any co-workers who assist or act as witness for the person filing the charge.
Contract Rights and Other Rights
Without an employment contract or union or other collectively bargained contract, Maryland law generally considers workers to be employees "at will." Without a contract, an employer may hire and fire employees and determine all aspects of workers' employment at his or her will as along as the employer does not violate any other law. For example, an employer may discharge a 20-year veteran employee for a good reason, bad reason, or no reason at all, if it is not for a discriminatory or other unlawful reason. Over the past several years, however, the courts have begun to make exceptions to this "at will" doctrine.

Even without a specific signed employment contract, some personnel manuals and other company policies, practices, and documents may be interpreted as creating contractual rights. Oral promises to provide certain benefits or wages in order to persuade someone to accept employment may also be considered to create such rights. Whether a contract has been created depends on the facts and circumstances of each case. Legal advice should be sought if an employee thinks an agreement ahs been breached. If a specific written contract exists, either an individual employment contract or a collective bargaining agreement (union contract), or an employer may use the legal process to enforce any portion of the agreement.

In Maryland, it is illegal to fire someone for reasons that are in violation of clear public policy. This kind of firing is often called abusive discharge. As an example, an employee who is discharged for refusing to commit an illegal act may have an action for abusive discharge against the employer.
Privacy Rights of Employees
Under Maryland law, job applicants and employees may not be required to submit to a lie detector test either to obtain a job or keep one. An employer may not require a job applicant to answer any questions pertaining to physical, psychological or psychiatric illness, disability, handicap or testament that does not directly affect the applicant's ability to perform the job.

Employers have a legitimate interest in monitoring employee performance in the workplace, especially their productivity, safety and efficiency. Recent advances in technology have resulted in employer using new methods of employee monitoring, including electronic monitoring of e-mail, telephone calls, and computer usage. The law does permit employers to conduct electronic surveillance, such as telephone monitoring, when it is done to serve legitimate business interest such as monitoring quality of customer service. The law allows employers to intercept and listen to only business-related calls. A personal call may not be monitored once it is determined to be one.

Employers are also permitted to monitor e-mail usage where the employer owns and provides the computer equipment and it is intended to be used for work purposes only. The law protects employees from an invasion of privacy by their employers in regard to their possessions and private lives, not their use of the employer's property. The law prevents unreasonable intrusion upon an employee's privacy, public disclosure of embarrassing private information; and publicly placing an employee's reputation in a false light.

With regard to job references, employers may not communicate false information to prospective employers without possibly being subject to a lawsuit for character defamation. Employers are also prohibited from communicating certain other types of information about a former employee without the express consent of the employee.
Drug Testing
Without a contract covering employment, employers are generally free to set terms and conditions of employment. Therefore, employers are free to implement drug-screening programs for employees and job applicants. Where a contract exists, the employee must determine whether a drug testing policy would violate that agreement.

Employers who require employees to be drug screened must have the test analyzed by a laboratory that is certified under state regulations. Additionally, employees who test positive for drugs have a right to the results of the test and an opportunity to have the test sample analyzed by a laboratory at the employee's expense. There are similar requirements for applicants for employment and for contractors who are required to undergo drug screening by an employer. However, in public service jobs, drug testing may constitute an unlawful invasion of the employee's privacy or otherwise be considered unlawful. Each case must be evaluated by the specific facts involved.
Conclusion
If you believe your rights have been violated you should contact a qualified attorney or the governmental agency that enforces the law in question. Not only will they be able to explain how the law applies to you, but they can also provide information on any changes in the law. The names and addresses and telephone numbers of all governmental agencies referred to in this information are listed below:

Appraisal Store Building 103 South Gay Street Baltimore, Maryland 21202 (410) 962-2822

Maryland Division of Economic and Employment Development 1100 North Eutaw Street Baltimore, Maryland 21201 (410) 767-3384

Workers' Compensation Commission 6 North Liberty Street Baltimore, Maryland 21201-3785 (410) 767-0900
Employees Rights in the Workplace © 1986, MSBA, Inc. Revised 1999
All rights reserved. No part of this work may be reproduced in any form without written permission from the Maryland State Bar Association.

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Employees' Rights In The Workplace | Maryland State Bar Association - MSBA

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The Section of Labor Law and the Public Awareness Committee of the Maryland State Bar Association have prepared this information. It is intended to inform the public and not serve as legal advice.

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Filing a Race Discrimination Claim as a Federal Employee

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Filing a Race Discrimination Claim as a Federal Employee

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Filing a Race Discrimination Claim as a Federal Employee - The Law Firm of J.W. Stafford, L.L.C.

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Learn what you need to know about filing a racial discrimination claim as a federal employee from the lawyers at The Law Firm of J.W. Stafford.

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As a result of the pandemic, more people are working from home than ever before. For some employers, this is nothing new. For others, they have been suddenly thrust into managing remote workers and have had to figure out the challenges as they went along. While working remotely may not be feasible in the long-term for everyone, many businesses have discovered that having remote workers can bring numerous benefits if you know how to manage the challenges effectively.

Policing Productivity

The first concern most employers have is how they will ensure that their employees are actually working. Obviously, you will not be able to supervise your employees at the level you are accustomed to, so you may need to adjust your perspective. Rather than focus on whether they are "busy" during work hours, focus instead on their work product:

Set firm deadlines

Sharpen job roles and responsibilities

Refine and clarify productivity metrics

Implement project management and time tracking tools

You also need to be mindful of staying in contact with your remote employees since you no longer have the option of simply dropping into their office. Regular team meetings should be mandatory, but be careful that you don't micromanage your remote employees. Ultimately, the focus should be on whether they are producing a quality work product on time.

Security and Privacy

Another concern for many employers pertains to network security and employee privacy. Because employees will be accessing your network remotely, you need to ensure that they will not compromise your network's security. Also, you need to make sure that they have access to only those parts of your network they are authorized to access.

Your remote employees should also be mindful of where they keep their computers or access your network. For example, an open laptop could give prying eyes access to private information. Employees should also be prohibited from accessing your network via a public wifi network.

As working remotely grows, many employers struggle with whether to provide their employees with laptops, phones, and other devices or whether they should allow employees to use their own devices. There is no correct answer for every business, but it should be given careful consideration. Ultimately, you should make sure your employees are fully briefed on security and privacy issues and that your company's protocols are reflected in a company policy that is distributed to all remote employees.

Online Harassment and Bullying

Remote employees sometimes get the impression that the rules don't apply to them. Conversely, some remote employees feel that their remote status makes them easy targets of bullying or harassment. Managing online harassment and bullying can be a challenge but should not be tolerated any more than other types of harassment.

If you are expanding the number of remote workers you employ, now is a good time to revisit your harassment and discrimination policies with an experienced employment law attorney. They can suggest updates to include your remote workers, including what is considered harassment, how it should be reported, and what action will be taken by management.

Be Flexible

Ultimately, it may take some time for your business to strike the right balance when it comes to working remotely. Seek feedback from your employees - both those who are working remotely as well as those who are working "in-house." Don't be afraid to try new things to learn what works and what doesn't. You might find that allowing employees to work remotely makes for happier, more productive employees that can help your business thrive.

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As a result of the pandemic, more people are working from home than ever before. For some employers, this is nothing new. For others, they have been suddenly thrust into managing remote workers and have had to figure out the challenges as they went along.

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What Legal Rights Do You Have as a Remote Worker?

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What Legal Rights Do You Have as a Remote Worker?

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Years before most of us knew what a coronavirus was, the future of our work was already beginning to shift. Major technological advances, the proliferation of the internet, and the smartphone revolution have drastically altered how, where, and when we work.

Then, of course, we learned way more about the coronavirus than we ever wanted to. An already changing workforce (and economy) was totally upended.

A recent Ford Foundation report states that traditional employment (and, we'll add, remote employment) now often looks more like "gig" work. For example, many jobs that went remote now grapple with nontraditional work schedules as well as what the report describes as "more precarious working conditions." One key working condition is the issue of remote worker rights. As the workplace continues to shift, where do remote workers stand?

An important note:
We're not lawyers. We are experts who research and report on remote work. If you have specific work-related legal questions or concerns, you should consult an attorney.
A Right to Remote Work?
As remote work becomes more commonplace, many workers wonder, Do I have a right to work from home?

Legally speaking, the answer is "it depends"-on where you live and work. In the United States, the laws vary from state to state. Thus, while employees have legal protections, for example, against health risks, being able to work remotely is not always part of those protections. (Though there is a growing call for a remote workers' bill of rights.)

"Most employees are at will: they have no contractual rights to continued employment, let alone to particular working conditions," University of Florida law professor Rachel Arnow-Richman explains in an article published by the American Bar Association. "If an employer does not accept a remote arrangement, the employee's recourse is to quit. It is a bitter pill, one that seems especially unfair given how different present working conditions are from what the employee originally agreed to."

For many of us, the future of work is likely to be a hybrid setup. According to a McKinsey study released in early 2021, roughly 90 percent of executives plan to provide some form of remote or hybrid work for their employees going forward. As an article in the August 2021 Harvard Business Review notes, however, whether this option is available may depend on the type of work you do. The HBS article goes so far as to call the hybrid model a "caste system," in which higher-paid employees are allowed to work remotely while lower-paid employees are required to return to a physical office to do their jobs.

As part of its National Remote Work Strategy, Ireland could soon be legalizing a way for employees to request the right to work remotely. Pump the brakes before you get too excited about this pending legislation. It's a right to request remote work, not a right to remote work. Still, it's a start.

This move also aligns with employees' right to request flexible work in the United Kingdom. After 26 weeks of continuous employment, employees can request flexible work. But employees may not get the okay, and they are allowed only one request every 12 months.

These overseas instances set a precedent and provide some insight into what future laws could look like. Within the next few years, it's possible that we may see similar initiatives crop up at the state level within the United States.

Other workers' rights geared to remote workers also could surface in the near future. Simple rights such as the right to be reimbursed for home office expenses or coworking space expenses could become a reality. Or rights to asynchronous and flexible work schedules. The legalities around remote work and the future of workers' rights are still in their infancy, and the area, in general, is still a bit like Wild West territory-but it's exciting and potentially progressive terrain nevertheless.

Some Reminders About the Rights You Already Have

So that's the future. What about right now? Here's a brief review of what you can count on today.
1. Your rights differ based on your employment classification.
Are you a freelancer/contractor, or are you an employee who works remotely? Some states require larger employers to grant full-time employees paid family and medical leave, similar to provisions in the Family and Medical Leave Act (FMLA). In most states, though, independent contractors are not covered by the FMLA and, in most cases, do not have legal rights to paid leave. That said, check out the laws in California, New York, Washington, and Massachusetts. In those states, even freelance/contract workers have access to programs that offer paid family and medical leave.
2. You DO have a right to health and safety.
You absolutely have the right to safety and health within any working environment, whether that workplace is a company office, a coworking space, a local coffee shop, a recreational vehicle, a beachside cabana, or even a dedicated corner of your bedroom.

If you feel your employer is infringing on your rights to safety and health, ask to talk with your manager. If your manager is the one infringing upon those rights, try to speak with a higher-level supervisor. If that doesn't help, it's time to start documenting the events and addressing those concerns in a formal letter to your supervisor, manager, or HR department so there is a record if legal action is required.

Ask your coworkers if they've had similar experiences. Multiple complaints can help get management's attention-or the owner's, if management doesn't respond. An external escalation could include filing a formal complaint with the Occupational Safety and Health Administration, which falls within the domain of the US Department of Labor. Likewise, the US Equal Employment Opportunity Commission (EEOC) also may be another path for recourse. The federal agency recently filed a lawsuit in Georgia on behalf of an employee whose request for remote work accommodations for health reasons were not granted by her employer.
3. You have the right NOT to be harassed or discriminated against.
Remote tech workers have recently reported a rise in workplace harassment and discrimination. In particular, that increase has been felt most among women, Black, Indigenous, and People of Color (BIPOC), and trans and nonbinary individuals.

As with safety and health rights infringement, we recommend sharing your concerns first with your immediate supervisor or manager. If that doesn't create any change, document everything and send that documentation in writing to management. You may also reach out to your company's board or owners. Contacting an attorney is also an option. If the harassment and/or discrimination persists, you can file a formal complaint with the EEOC. Most states also have their own EEOC departments that could be more responsive.
4. You have a right to know how your employer monitors your remote work.
Employers have the legal right to monitor your hours worked and any intercompany communication. However, this does not mean you forfeit all your privacy. Your employer should provide a written statement about any remote work monitoring that you agree to and sign. If your employer doesn't have a policy around this, suggest working with the HR department to create one.

Knowing your rights as a worker is not an option. If you're not sure of your rights, take some time to learn about them. This knowledge will benefit you-and your employer-in the short term and long term.

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What Legal Rights Protect You As A Remote Worker?

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Agencies like the EEOC and OSHA govern have the ultimate authority over your employment rights. Know how to protect yourself as a remote worker.

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What Does the EEOC Do? - The Law Firm of J.W. Stafford, L.L.C.

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What does the EEOC do? Baltimore employment lawyers explain what the Equal Employment Opportunity Commission does to protect workers.

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Can You Lose Your Federal Job if You Lose Your Security Clearance?

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Can You Lose Your Federal Job if You Lose Your Security Clearance?

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Can You Lose Your Federal Job if You Lose Your Security Clearance?

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If you work for the federal government and your position requires a specific level of security clearance, losing your security clearance could mean losing

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The background investigation helps determine your stability, trustworthiness, reliability, discretion, character, honesty, judgment and unquestioned loyalty to the United States. If you have undergone a background investigation with another agency in the last seven years, we may use that investigation or request an updated investigation.

During this step, we will:

Verify your previous and current employment, education and residences.

Interview your friends, neighbors, supervisors and co-workers.

Conduct a personal interview with you to review the security forms and help us determine your eligibility for a security clearance.

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Learn more about the security clearance process involved with intelligence careers.

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Security Clearance and Changing Jobs: How to Transfer or Reactivate Your Clearance

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Security Clearance and Changing Jobs: How to Transfer or Reactivate Your Clearance

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Security Clearance and Changing Jobs: How to Transfer or Reactivate Your Clearance - The Law Firm of J.W. Stafford, L.L.C.

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Federal security clearance lawyer J.W. Stafford discusses what you need to know about transferring your security clearance to a new job. Contact us today to schedule a consultation.

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The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.

The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

1. Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge and skills, after fair and open competition which assures that all receive equal opportunity.

2. All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.

3. Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.

4. All employees should maintain high standards of integrity, conduct, and concern for the public interest.

5. The Federal work force should be used efficiently and effectively.

6. Employees should be retained on the basis of adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.

7. Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.

8. Employees should be--

1. protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and

2. prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.

9. Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences--

1. a violation of any law, rule, or regulation, or

2. mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

Frequently Asked Questions

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MSPB Mission: To protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices.

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An In-Depth Look at the Federal Merit System Principles (MSPs)

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An In-Depth Look at the Federal Merit System Principles (MSPs)

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An In-Depth Look at the Federal Merit System Principles (MSPs) - The Law Firm of J.W. Stafford, L.L.C.

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Learn what federal employees need to know about the Merit System Principles (MSPs) from the lawyers at The Law Firm of J.W. Stafford.

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Maryland Joins Movement to Modernize Workplace Harassment Laws

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Maryland Joins Movement to Modernize Workplace Harassment Laws

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Maryland Joins Movement to Modernize Workplace Harassment Laws

Late on the night of April 11, in the final hours of session, the Maryland legislature passed with strong bipartisan support , a bill that rejects the harmful and outdated requirement that workplace harassment be "severe or pervasive" to be considered unlawful. Under the bill's new standard, survivors would have to show that "based on the totality of the circumstances, the conduct unreasonably creates a working environment that a reasonable person would perceive to be abusive and hostile."

If the bill becomes law, Maryland will join New York state, New York City, California, and Montgomery County, Maryland, in the growing movement across states and localities to update legal definitions of workplace harassment, recognizing that the law doesn't reflect our understanding of what is harassing behavior in the workplace today.

How the current legal standard fails survivors.
Currently, in evaluating whether sexually or racially harassing conduct rises to the level of unlawful workplace harassment, courts consider whether the conduct is "severe or pervasive" enough to create a hostile work environment. Over time, this standard has become an unreasonably high burden for survivors because many courts have interpreted it so narrowly that cases challenging workplace behavior most people would find egregious and harassing are thrown out.

For example, a Maryland federal district   dismissed the case of an employee who endured same-sex harassment from his supervisor over a seven-year period. The supervisor inquired about the plaintiff's sex life, entered the bathroom with the employee and pretended to lock the door behind him, and regularly commented on the plaintiff's physical appearance. During one incident, the supervisor positioned an illuminated magnifying glass over the plaintiff's crotch, looking through it while pushing the lens down and asking, "Where is it?" Despite these repeated violations and inappropriate behaviors, the court found that this conduct was not "severe or pervasive" enough to be unlawful harassment.

When a survivor brings a harassment lawsuit, courts should consider all the ways the employer harassed the survivor. But instead of viewing events in their totality, under the "severe or pervasive" standard, judges often parse apart each instance of harassment and consider each in isolation. Judges applying the standard determine whether the conduct is egregious or frequent enough, and their own biases and experiences can impact the analysis-leading cases to be dismissed before they are fully and fairly heard by a jury. This framework minimizes survivors' experiences and the impact of harassment at work.

The "severe or pervasive" standard harms women of color in unique ways.
The "severe or pervasive" standard has particularly failed women of color bringing harassment claims because it fails to consider how sexual objectification of women of color is often simultaneously rooted in both racism and sexism. Too many harassment cases are thrown out because judges' application of the "severe or pervasive" standard does not consider the complexities of individuals' identities. Instead of, for example, recognizing that race and gender-based discrimination often co-exist for women of color as a single pattern of behavior, judges applying this standard may separate specific conduct "based on race" from conduct "based on gender" to determine the pervasiveness of each type of conduct. This framework effectively excludes women of color, and other people with multiple identities, denying them access to justice for the discrimination and harassment they have suffered.

The harm from the "severe or pervasive" standard not only extends to the courtroom, but trickles into workplaces.
The outdated "severe or pervasive" standard leads many survivors to not make a complaint or seek help for fear their claims will not be legally actionable. Given the bad court interpretations that have come out of "severe or pervasive," these concerns are not unfounded. Placing this burden on plaintiffs does little to incentivize employers to create safe and harassment-free workplaces.

The "severe or pervasive" standard does not reflect the realities of our workplaces and power dynamics or modern understandings of harassment at work and its impacts on those who experience it. Congratulations to Maryland for doing away with this standard!

Authors

Former Fellow, Education & Workplace Justice

Senior Director of State Policy and Strategy

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Maryland Joins Movement to Modernize Workplace Harassment Laws - National Women's Law Center

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Late on the night of April 11, in the final hours of session, the Maryland legislature passed with strong bipartisan support S.B. 450, a bill that rejects the harmful and outdated requirement that workplace harassment be "severe or pervasive" to be considered unlawful. Under the bill's new standard, survivors would have to show that "based on the totality of the circumstances, the conduct unreasonably creates a [...]

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Toxic Workplaces: Understanding Your Rights as a Federal Employee

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Toxic Workplaces: Understanding Your Rights as a Federal Employee

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Toxic Workplaces: Understanding Your Rights as a Federal Employee - The Law Firm of J.W. Stafford, L.L.C.

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What are your legal rights if you have been forced to endure a toxic workplace as a federal employee? Find out from an experienced federal employment lawyer.

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Maryland's New Non-Compete Law: What Medical Professionals and Employers Need to Know

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Maryland's New Non-Compete Law: What Medical Professionals and Employers Need to Know

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Maryland's New Non-Compete Law: What Medical Professionals and Employers Need to Know

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First Amendment Freedom of Speech in the Workplace: Can Employees Say Anything They Want?

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First Amendment Freedom of Speech in the Workplace: Can Employees Say Anything They Want?

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First Amendment Freedom of Speech in the Workplace: Can Employees Say Anything They Want?

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The First Amendment to the U.S. Constitution establishes the right to free speech for Americans. But how does this apply to conduct in the workplace? Learn what is acceptable (and not) from a legal and practical perspective.

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Expressing Your Political Views in the Workplace: What You Need to Know

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Expressing Your Political Views in the Workplace: What You Need to Know

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Expressing Your Political Views in the Workplace: What You Need to Know - The Law Firm of J.W. Stafford, L.L.C.

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What do you need to know about expressing your political views on (or off) the job? Maryland employment lawyer Jay W. Stafford explains.

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Maryland's New Bill 136: Impact on Employers & Employees 

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Maryland's New Bill 136: Impact on Employers & Employees 

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Maryland's New Bill 136: Impact on Employers & Employees as of today, July 1st, 2024

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Maryland Expands Employer Obligations to Accommodate Applicants with Disabilities

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Maryland Expands Employer Obligations to Accommodate Applicants with Disabilities

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HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado's upcoming AI law.

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Maryland Expands Employer Obligations to Accommodate Applicants with Disabilities

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Effective Oct. 1, Maryland employers are obligated to reasonably accommodate not only the disabilities of employees, but also the disabilities of applicants.

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How Do I File a Claim for Denial of a Reasonable Accommodation?

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How Do I File a Claim for Denial of a Reasonable Accommodation?

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How Do I File a Claim for Denial of a Reasonable Accommodation? - The Law Firm of J.W. Stafford, L.L.C.

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Learn what you need to know if your federal agency has denied your request for a reasonable accommodation from an experienced federal employment lawyer.

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New Executive Order Targets Federal DEI Practices

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New Executive Order Targets Federal DEI Practices

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New Executive Order Targets Federal DEI Practices

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New Executive Order Targets Federal DEI Practices

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Employees’ Rights in Maryland: 2025 Update

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Employees’ Rights in Maryland: 2025 Update

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Employees’ Rights in Maryland: 2025 Update - The Law Firm of J.W. Stafford, L.L.C.

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Learn about your legal rights as an employee in Maryland from an experienced Maryland employment attorney at The Law Firm of J.W. Stafford.

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Legal questions linger over deferred resignation program as feds feel pressure to accept offer

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Legal questions linger over deferred resignation program as feds feel pressure to accept offer

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Legal questions linger over deferred resignation program as feds feel pressure to accept offer

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“I don’t like this deferred resignation. I do think it is playing on people’s fears,” Michael L. Vogelsang, Jr. said.

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What If I Didn’t Accept “Deferred Resignation” as a Federal Employee?

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What If I Didn’t Accept “Deferred Resignation” as a Federal Employee?

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What If I Didn’t Accept “Deferred Resignation” as a Federal Employee? - The Law Firm of J.W. Stafford, L.L.C.

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What do you need to know if you didn’t accept the Trump administration’s “deferred resignation” offer? Pennsylvania federal discrimination lawyer Jay Stafford explains.

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What is an Official Personnel Folder (OPF)?

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What is an Official Personnel Folder (OPF)?

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What is an Official Personnel Folder (OPF)?

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How can I request OPFs? Official Personnel Folders (OPF) are primarily administrative records used by the government to make accurate employment decisions throughout a federal employee’s career.

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How Do I Request My Official Personnel Folder (OPF) from a Federal Agency?

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How Do I Request My Official Personnel Folder (OPF) from a Federal Agency?

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Get Your Official Personnel Folder (OPF) from a Federal Agency

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Learn what you need to know about requesting (or correcting) your OPF from a Rhode Island federal employment discrimination lawyer.