You have a right to be paid for work that you have completed and wages you have earned, subject to certain restrictions regarding benefits such as those involving vacation time. A failure by your employer to pay said wages gives you a cause of action to recover the same. In addition, you may be entitled to additional damages up to three times your owed wages, plus attorneys' fees. An attorney can help you negotiate the payment of these wages or, if the employer still refuses to pay, file suit.In Maryland, if you have unused vacation time at the time of your employment, your employer must pay you the owed vacation time or otherwise risk severe penalties should you sue to recover the same, including treble damages and attorneys' fees. However, this is subject to a number of restrictions. If the employer has a policy, typically written, that an employee does not get any unused vacation time at the end of the employee's employment, then the employer does not have to pay the employee any unused vacation time.Employment and the conditions thereof are at-will in most states, including Maryland. That gives an employer an unrivaled ability to set the terms of your employment. If you can no longer complete the duties of your position, the employer can change the terms of your employment, such as hours and pay. However, doing so can be risky and may constitute disability discrimination depending on the exact circumstances of your situation. Whether or not your employer has discriminated against you is a highly fact-specific analysis for which the advice of counsel is almost always necessary.Absent a policy to the contrary, an employer cannot deny to compensate you for earned PTO upon your resignation. Should the employer attempt to do so, you may be entitled to additional damages, including treble damages and attorneys' fees, as a result.The exact statute of limitations for a "wrongful termination" is dependent on the exact cause of action at issue. Typically, when most people say that they have been wrongfully terminated, it is because they have been discriminated against on the basis of some protected class, such as race, gender, age, or ethnicity, among others. To file a claim for a termination arising from such discrimination, you must file with the EEOC within 180 days of the date of the discrimination, or 300 days if there is a state entity that prohibits the same type of discrimination. Alternatively, in Maryland, you can file with the MCCR, which is Maryland's state agency, within six (6) months of the date of discrimination. Due the at-will nature of most employment, you can be fired for a good reason, a bad reason, or not reason at all - you just cannot be fired for an illegal reason. Thus, assuming there is no illegal basis for forcing you to take after-work calls, you can likely be fired for refusing to take the same.You can be terminated while on short-term disability; however, this is often a tricky subject. You cannot be discriminated against because of your disability. That being said, employers will often provide a different reason for termination other than your short-term disability. Whether or not this is simply a pretext for disability discrimination is a matter that will need to be analyzed carefully by an attorney.
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Reviews & Ratings
Christopher Jones was very responsive and insightful with my legal question. He listened to me intently, and was very kind, considerate, and professional when he gave me legal advice. I would recommend him to anyone, young professionals esp...
Christopher Jones was very responsive and insightful with my legal question. He listened to me intently, and was very kind, considerate, and professional when he gave me legal advice. I would recommend him to anyone, young professionals especially, when it comes to dealing with legal matters. You will not regret it!
I needed some questions answered, and was amazed at how I got someone on the phone so quickly. The attorney was extremely helpful, knowledgeable and gracious with his time. Couldn't be more pleased. Thank you!