Employment Law

It is often the case that the need arises to consult an attorney regarding an employment law issue, either as an employer or employee.  Employment law matters are governed by federal and state laws and require knowledge of the legal process that must be followed in order to successfully address the issues.  Our Hagerstown employment law attorneys can help you with employment and labor law matters including:

  • Sexual Harassment and Gender/Pregnancy Discrimination
  • Discrimination on Basis of Race, National Origin or Religion
  • Disability Discrimination under Americans with Disabilities Act (ADA)
  • Family Medical Leave Act
  • Public Accommodation Discrimination
  • Wrongful Termination
  • Wrongful Retaliation
  • Drug/Alcohol Testing
  • Wage/Hour Laws
  • Employment/Independent Contractor Agreements/Handbook
  • Non-Compete/Non-Solicitation Agreements

 

Discrimination and Harassment

In Maryland, like most states, employment is “at will,” meaning that an employer can terminate (or refuse to hire) an employee for most reasons, so long as the termination (or refusal to hire) is not based upon a reason that is specifically prohibited by law or against the public policy of Maryland.  Both Federal and Maryland law prohibit employers from taking an adverse employment action against an employee based upon the employee’s race, gender, age (if employee is at least 40 years old), disability, serious health condition (of yourself or family member), sexual orientation, pregnancy, and religion.  Similarly, employers cannot knowingly allow their employees to be subjected to a hostile work environment based upon such traits.  In addition, employers may have a duty to accommodate the employee’s religion or disability (if such an accommodation can be accomplished without imposing an undue burden upon the employer).    It is also unlawful for an employer to retaliate against an employee because the employee has exercised his/her rights under the law.  If you are an employer, the existence of effective anti-discrimination polices (and objective disciplinary procedures) can often be a key factor in limiting liability for alleged discrimination.  If you are an employee, it is important that you exercise your rights in a timely manner and in accordance with the requirements set forth under the law, since failure to do so can result in an employee losing his/her right to bring a legitimate claim against the employer.  If you are an employer or employee in need of advice regarding your rights or responsibilities under Maryland’s employment laws, you are invited to contact our Firm to speak with a employment discrimination law attorney in Hagerstown for a free 15 minute telephone consultation.

Wage/Hour Laws

Under Maryland law, many employees are entitled to be paid their hourly wages every two weeks, in addition to overtime above 40 hours/week.  If an employee has not been paid the wages/compensation owed to him/her, that employee may have the right to maintain a suit against the employer to recover the amounts owed, along with treble damages (triple damages) and attorneys’ fees.  However, not all employees qualify for such protection and not all employers are subject to such requirements.  If you are an employer or employee and have questions about your rights or responsibilities under Maryland’s wage payment laws, contact us for a free consultation.

Employment Contracts & Non-Compete/Non-Solicitation Agreements

Employment contracts identify the rights and responsibilities of both the employer and employee and have the benefit of setting forth in writing the expectations of the parties prior to entering into an employer/employee relationship.  For some relationships, an independent contractor agreement may be a more advantageous business arrangement.  Our employment contracts attorneys can assist you in the drafting of employment agreements/manuals and/or independent contractor agreements, as well as with any litigation involving the employment/contractor relationship.  Two common provisions that should be included in many employment contracts are non-compete and non-solicitation clauses.  Non-compete clauses generally restrict the right of the employee to work in a certain field, for a certain period of time, and in a certain geographical location after employment with the employer has come to an end.  On the other hand, non-solicitation clauses generally prohibit an employee from soliciting the employer’s customers/clients (typically for a certain time period).  If these clauses are not properly drafted, they may not be enforceable in court.  If you are employer or employee and need assistance related to employment or independent contractor contracts, you are invited to contact the The Badaki Law Firm, LLC for a free telephone consultation.