What We Do
We counsel individuals, from sophisticated executives to factory workers, as to their employment rights and protections. We represent individuals in negotiations, arbitrations, mediations and litigation in all employment-related matters and disputes. We have successfully litigated class actions in employment and employee benefit matters.
We try to avoid "lawyer-speak" as much as possible. Our objective is to serve our clients well and to allow them to make informed decisions. We provide frank and candid advice and explain the basis for it.
The scope of representation ranges from simply advising clients on an "as needed" basis and allowing them to negotiate or resolve their employment matter directly with an employer, to negotiating directly with the employer or the employers' counsel. Our litigation involves working intensely with our clients and aggressively pursuing legal claims for our clients.
We never represent companies or unions.
We are recognized as one of the leading laws firms in the Mid-Atlantic region for representing employees. Our success is dependent upon representing each and every client with the highest integrity and level of service.
We have prepared the following discussion to provide a general overview of employment law for an individual. Because each client presents with a unique set of facts and circumstances, nothing we say here should be considered or interpreted as legal advice. If you an employment law question, we urge you to consult with a lawyer, or contact us.
The Employment At Will Doctrine
As a starting point, in Maryland, Virginia, Pennsylvania, the District of Columbia, Delaware and West Virginia, as well as in most other states, there exists what lawyers call the employment-at-will doctrine. This term generally means that employees who do not have contracts guaranteeing employment for a specific period of time (such as one year) are considered to be at-will employees. Under the at-will doctrine, employers have the right to terminate employees without these types of contracts at any time and for any legally permissible reason. Employees also have a similar right to resign whenever they want. Further, under that at-will doctrine, since an employer can terminate an employee at any time, it can also unilaterally change the terms and conditions of employment without the consent of the employee, unless there is some contract or other limitation on the employer's rights.
The at-will doctrine does not involve fairness; it is a cold and harsh doctrine. Nevertheless, there are numerous exceptions to the at-will doctrine. Consequently, if you believe your rights have been violated, you should consult with a lawyer experienced in representing employees, contact us.
Employment Contracts
The at-will doctrine does not override employment contracts. We frequently represent clients in connection with a wide variety of employment contract matters, including:
- employment agreements,
- severance contracts,
- trade secret protection provisions,
- non-compete and other restrictive covenants, and
- incentive compensation packages
In any contract related matter, it is critically important that an individual carefully consider any employer proposal before agreeing to it. Because of our vast knowledge of employment law and experiences in representing individuals, we usually are able to swiftly assess contract issues, identify possible problems and/or employer breaches, and offer options as to remedying any problem or breach.
Equal Employment Opportunity - Discrimination & Harassment
Employees and applicants still remain subject to unlawful discrimination and harassment. We are a Firm that has successfully represented numerous employees and classes of employees, despite being located in one of the most conservative jurisdictions in the country for claims of employment discrimination and harassment. We are intimately aware of the proof necessary to prevail on discrimination and harassment claims. We frequently are called upon by other lawyers to provide co-counsel and second opinions on employment discrimination and harassment claims.
We represent employees, private and public sector, before the U.S. Equal Employment Opportunity Commission, www.eeoc.gov, as well as various state and local administrative agencies. We have successfully taken on some of the largest government contractors, before the EEOC as well as the Office of Federal Contract Compliance Programs, www.dol.gov/esa/ofccp.
Sexual harassment victims have obtained meaningful settlements as a result of our representation. We are aware of the pain that sexual harassment causes (as well as any other form of harassment) and work closely with our clients to always protect their best interests. Clients that have been discriminated against because of their race, age and gender also have been able to recover meaningful awards. We have received praises from judges due to our hard work and results.
Disability discrimination presents with a unique set of challenges. We are well versed with respect to the requirements of the Americans with Disabilities Act. We have been able to assist individuals in obtaining reasonable accommodations so that they can continue to do their job.
Leave Protections
The Family & Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave.
The FMLA is designed to help employees balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons.
The Family & Medical Leave Act:
- covers only certain employers,
- affects only those employees eligible for the protections of the law;
- involves entitlement to leave and leave on an intermittent basis;
- maintains health benefits during leave;
- restores an employee's job after leave;
- sets requirements for notice and certification of the need for leave;
- protects employees who request or take leave, prohibits retaliation and
- Includes certain employer record keeping requirements.
For more information on the FMLA, go the U.S. Department of Labor's website at www.dol.gov. If you believe your leave rights have been violated or have questions about your leave protections, please feel free to contact us.
Work Related Complaints
The National Labor Relations Act is a federal law that makes it unlawful for an employer to discipline or terminate an employee when that worker with at least one other employee raises work-related complaints or report work concerns in a proper manner. This protection is not triggered if an employee does not complain with others. For more information on the National Labor Relations Act, go the www.nlrb.gov.
Union employees have additional protections.
Termination Issues
Maryland law recognizes a claim for abusive discharge, an exception to the employment at-will doctrine. To recover on an abusive discharge claim, an employee needs to establish that the termination violated the public policy of the State of Maryland.
Examples in which an employee may have an abusive discharge claim under Maryland law include a termination because
- an employee filed a workers compensation claim;
- an employee performed an important public function, such as serving jury duty.
- an employee refused o commit an unlawful act such as the employee refusing to give false testimony at a trial or hearing;
- an employee exercised a legal right such as refusing to submit to a lie detector test;
- an employee reported suspected criminal activity of a coworker to law enforcement authorities;
- an employer unlawfully discriminated against or harassed an employee and that employer is not subject to any federal or state discrimination statutes.
Government Employees
Employees whom work for the public sector (local, state and federal government) often have job protections not afforded to private sector employees. Consequently, public sector employees should be fully informed of their protections prior to accepting any discipline or disputing any adverse action.
In addition, public sector employees may have to comply with certain administrative prerequisites prior to pursuing a discrimination claim, grievance or other matter. If such prerequisites are not timely followed, then the employee may loose his or her right to pursue the dispute.
We have represented numerous public sector employees in various disputes.