SETTLING LAWSUITS – The Importance of a Well-Drafted Settlement Agreement

Talbot County Employment Law Attorney Bruce Luchansky

Litigation can be emotionally and financially draining. By the time parties reach a settlement agreement, even one with which they are satisfied, they often are tempted to turn their attention elsewhere and ignore the details of the settlement agreement itself.  Resist the urge to bail before the settlement agreement is finalized. Here’s why. A well-drafted [...]

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Knowing What the Law Covers

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Using a standard English dictionary when looking up a legal term can be a bad idea.  As an example, Webster’s dictionary defines discrimination as: The ability to understand that one thing is different from another.   So here’s the question.  Have I discriminated if I chose to wear my Ravens jersey over my Orioles jersey [...]

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The Fine Line Between Simple and Gross Misconduct

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In an earlier blog post, we stated that employers are increasingly challenging employees’ rights to unemployment benefits.  Employers seek to demonstrate that employees should be disqualified from receiving unemployment benefits for a number of reasons, including for the self-serving purpose of avoiding increases in their unemployment insurance tax rate.  In our last blog entry we [...]

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Simple Misconduct is Simple to Commit

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After an employee loses his or her job and applies for unemployment benefits, Employers have many different motives for challenging the employee’s right to unemployment benefits.  One motivation, for example, is that employers who repeatedly terminate employees are levied a higher unemployment benefits tax rate; accordingly, employers have an incentive to challenge an employee’s right [...]

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Dock and shipyard workers may be legally entitled to overtime pay under Federal law.

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Employees who work at shipyards or city ports—or on tankers, oil rigs or similar locations—are often wrongfully denied overtime wages which they are legally entitled to receive. The employers typically argue that the employees are not entitled to overtime under the “seaman exemption” to the Fair Labor Standards Act (“FLSA”). However, the employer is not [...]

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Some states are beginning to outlaw Non-competes. Is Maryland next to follow this trend?

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Covenants not to compete (often referred to simply as “noncompetes”) have become ubiquitous in employment agreements, particularly for executives and other mid- to high-ranking individuals.  The long standing status quo regarding non-competes in the majority of states—including Maryland—is that they are fully permissible, subject to a case-by-case judicial balancing test that considers the interests of [...]

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Employer Promises – Are They Enforceable?

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Our law firm has received calls from both employees and employers describing the following scenario: Employee alleges a promise was made by the employer (or prospective employer); Employee claims to have acted in reliance on that promise; and After doing so, employer claims the promise was never actually made.  The question becomes: is the employer [...]

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Appealing a Denial of Unemployment Insurance Benefits

Talbot County Employment Law Attorney Bruce Luchansky

“I worked at my company long enough and have earned the minimum requirements to be eligible for unemployment insurance, so why am I being denied benefits? And what can I do about it?” Many employees are caught off guard when they receive a notice in the mail from the Department of Labor, Licensing, and Regulation [...]

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Voluntarily Leaving Employment Usually Results in Loss of Unemployment Benefits

Talbot County Employment Law Attorney Bruce Luchansky

When deciding to leave a job, the expectation of receiving unemployment insurance benefits understandably plays a large role in an employee’s thought process.  While many employees understand their rights regarding these benefits, we have found that there remains a great deal of confusion which, if not clarified, can lead to the unpleasant surprise of lost [...]

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Smith, et al. v. AMI Installations, LLC, et al.

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In November of 2011, our law firm filed a lawsuit on behalf of a group of furniture installers claiming unpaid wages.  The defendants consisted of two related furniture installation businesses—AMI Installations, LLC and Installation Enterprises, Inc.—and their owners, Shane Jespersen and Carla Jespersen.  We represented a total of five plaintiffs, all of whom were employed [...]

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