What Makes an Employment Termination a “Wrongful Termination”?

            There is a lot of confusion about when and why employers are allowed to fire their employees.  From the employee’s side, most employees believe (incorrectly) that if an employer can’t prove that the employee did something… Read More
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Employees are Discovering a New Secret Weapon Against Employers: Concerted Activity

            Almost every employee who ever has been fired believes he or she has been wrongfully terminated.  The good news for most employers is that in Maryland, it is very hard for an employee to win a lawsuit for something called “w… Read More
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The 411 on Overtime Pay

            In the past two years, employees have recovered an estimated $1.2 billion from filing claims against their employers for unpaid wages.  Claims for overtime pay are near the top of that list.  But many employees – and employ… Read More
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Federal Court Denies Plaintiffs' Motion to Equitably Toll Statute of Limitations in FLSA Claim

In Dolphus v. Servis One, Inc., No. GLR-16-1075, 2018 BL 277246 (D. Md. Aug. 02, 2018), Plaintiffs filed suit against Servis One, Inc. D/B/A BSI Financial Services (“Servis One”) on behalf of themselves and similarly situated current and… Read More
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Maryland Federal Court Allows Plaintiff's Retaliation Claim to Proceed Despite not "checking the box" on the EEOC Charge

In Loconte v. Montgomery County, No. PWG-17-2052, 2018 BL 273880 (D. Md. Aug. 01, 2018), Defendant Montgomery County, Maryland (the “County”) hired Plaintiff Anthony Loconte as a Hazmat Permitting Program Manager in July 2005 and termin… Read More
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Case Analysis: What is Discoverable in Litigation?

In litigation, opposing parties can sometimes get carried away with the quantity and quality of the information requested in discovery, raising doubts about the relevancy and necessity of the requested information.  In Terrell v. Memphis Zoo, Inc.,… Read More
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Maryland's Disclosing Sexual Harassment in the Workplace Act of 2018

 The “Disclosing Sexual Harassment in the Workplace Act of 2018″ goes into effect on October 1, 2018. The Act first concerns a provision in an employment contract, policy or agreement that waives any substantive or procedural right or reme… Read More
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Federal Court Rules that pregnancy - alone - is not a disability

A Federal Court has ruled that an employee cannot sue under federal law for discrimination based on her pregnancy, because pregnancy alone isn’t a “disability” under the law. In Arozarena v. Carpenter Co., 2018 BL 184934, E.D. Pa., No. 5:1… Read More
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FMLA Claim Loses Due to Employer's Handbook

A recent Federal Court case demonstrates the advantage an employer enjoys by including FMLA notice requirements in its employment handbook.   In Everson v. SCI Tennessee Funeral Services, LLC, 2018 WL 1899368, (M.D. Tenn. Apr. 20, 2018), Plaintif… Read More
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Federal Court Allows Parties to Shorten Limitations Periods by Contract

In Bracey v. Lancaster Foods, LLC, No. RDB-17-1826, 2018 BL 112613 (D. Md. Mar. 30, 2018), the Maryland Federal Court reiterated the rule that statutory limitations periods may be shortened by agreement, so long as the limitations period is not unrea… Read More
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