Columbia, MD Employment Law Attorney FAQs

Maryland and Virginia Employment Lawyers Answer Frequently Asked Questions

There are a wide range of issues that fall under the umbrella of employment law, and employees will need to be sure to understand their rights and the steps they can take to address violations of the law or resolve disputes with their employers. At Freedman Law, LLC, we can provide answers to questions people may have about employment-related concerns, and we can provide effective legal representation for both employees and employers who need to address these issues. Below are some answers to frequently asked questions about employment law:

What Constitutes Workplace Discrimination?

Discrimination occurs when an employee receives unfair treatment because of protected characteristics, which may include race, religion, national origin, gender, gender identity, sexual orientation, disability, or age. Some employees may also face discrimination related to pregnancy. Discriminatory practices can include unfavorable treatment when hiring employees, setting wages and salaries, determining eligibility for benefits, assigning workers to different jobs, promoting employees, or other aspects of employment. If you believe you have been discriminated against at work, our employment law attorneys can help you understand your rights, and we can work with you to take legal action to address the ways you have been affected.

What Is Wage Theft, and How Can I Address It?

Wage theft refers to the unlawful withholding of wages or benefits that an employee is entitled to. Common forms of wage theft include failing to pay the minimum wage, not providing the correct compensation for overtime work, improper deductions from paychecks, or not providing required breaks. If you believe you are a victim of wage theft, our employment attorneys can assist you in recovering unpaid wages and ensuring that your employer complies with wage and hour laws.

What Should I Do If I Experience Retaliation at Work?

Retaliation occurs when an employer takes illegal actions against an employee for engaging in legally protected activities, such as reporting discrimination, wage violations, or safety concerns. Retaliatory actions can include demoting an employee, reducing a person's pay, reassigning an employee to an unwanted position, or terminating employment. It is illegal for employers to retaliate against employees who assert their rights. If you suspect that you have been retaliated against, you should document the incidents and consult with our employment law attorneys to determine your options for filing a claim and protecting your rights.

What Is Considered Wrongful Termination?

Wrongful termination occurs when an employee is fired in retaliation for engaging in protected behavior or in violation of employment laws. Wrongful termination may be considered discrimination if an employee was fired due to protected factors, or an employer may wrongfully terminate someone because they have refused to commit an illegal act. Maryland and Virginia are "at-will" employment states, meaning that either the employer or employee can terminate the employment relationship at any time and for any lawful reason. However, there are exceptions to at-will employment, and an employee may take steps to address a termination that violated the terms of an employment contract or any state or federal laws. Our employment lawyers can help determine if a termination was unlawful, and we can help employees take action to protect their rights.

What Actions Constitute Sexual Harassment in the Workplace?

Sexual harassment may include unwelcome or unwanted sexual advances, physical conduct that makes a person feel uncomfortable, jokes that are considered offensive, comments about a person's appearance, or other actions of a sexual nature that are not appropriate in the workplace. Employers should take all appropriate steps to protect employees against sexual harassment from co-workers, supervisors, and clients. If you have experienced sexual harassment at work, you should report it to your employer as soon as possible and keep detailed records of the incidents. Our employment law attorneys can guide you through the process of filing sexual harassment complaints and taking legal action to address the harm you have suffered.

What Are My Rights Under the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) ensures that employees who work for eligible employers can take unpaid leave for reasons such as the birth or adoption of a child, an illness or serious health condition, or to care for family members who need assistance due to serious health issues or illnesses. During family medical leave, an employer must maintain an employee's health benefits under the same terms as if they were working, and they must allow the employee to return to their former position or an equivalent position after taking leave. If your employer has denied you FMLA leave or retaliated against you for taking it, our employment attorneys can help you enforce your rights and seek appropriate remedies.

What Are Reasonable Disability Accommodations?

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities. These accommodations might include modifications to a workplace, adjustments to work schedules, assistive devices, or reassignment to appropriate positions. If your employer has refused to provide necessary accommodations for a disability, you may have grounds for a legal claim. Our employment law attorneys can help you understand your rights and take action to secure the accommodations you need.

Should I Have an Attorney Review My Severance Agreement?

Before signing a severance agreement, it is important to consult with an attorney who can review the terms, ensure that your rights are protected, and help you negotiate any necessary changes. Severance agreements often include clauses that waive your right to take legal action against your employer in the future. They may also include clauses that could restrict your ability to work for other companies or that may affect you in other ways. Our employment lawyers can help you ensure that you understand the legal implications of a severance agreement and negotiate more favorable terms.

What Is a Non-Compete Agreement, and Is it Enforceable?

A non-compete agreement is a legal contract that may restrict an employee from working for a competitor or starting a similar business after they stop working for their employer. To be enforceable, non-compete agreements must be reasonable, and they should not impose harsh restrictions that would prevent a person from finding employment in their chosen field. If you are asked to sign a non-compete agreement or believe that your current non-compete agreement is overly restrictive, our employment attorneys can help you understand what steps you can take to protect your rights.

Contact Our Rockville, Maryland Employment Law Attorneys

If you have questions or concerns about your employment rights, the experienced attorneys at Freedman Law, LLC can provide you with legal guidance and help you understand your options. We encourage you to contact us at 410-290-6232 and set up a consultation where you can get the answers you need.