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Greenbelt MD Employment Law Blog

Company named in pregnancy discrimination complaint

Workplace discrimination is something that employers generally go to great lengths to avoid. There may be no intent to violate the rights of any particular person or group, but employees can still experience discrimination and they have the right to take legal action.

However, employers have the right to defend against these claims. Defending against these claims can be a fairly sensitive process, as it requires employers to explain employment decisions without minimizing the issue of discrimination. In many cases, news about alleged discrimination is biased against an employer so responding to the claim can be tricky situation.

Legal support can help protect your business at any stage

Every business owner in Maryland and Washington, D.C. has likely put considerable energy, time and resources into their business. It's certainly not easy, even when you have a good product or service. There are challenges and obstacles that can put the success of a company in jeopardy, whether it's starting up, growing or running at full tilt. 

Protecting a business from costly errors is a top priority for many of you who own or run companies of any size. One bad decision or oversight could end up setting the progress of a business back significantly. This is why employment law firms and attorneys can be such vital resources. Attorneys familiar with employment laws can help business owners avoid these errors or deal with the repercussions in the most efficient and effective manner.

LinkedIn agrees to settlement for unpaid overtime, back wages

When we read about certain employment violations, it can be easy to get the wrong idea. For instance, reading about a company that has failed to compensate employees properly might lead some people to believe that the failure was intentional or malicious; that the company intended to shortchange employees.

However, that is certainly not always the case. In many situations, any purported wage violations are unintentional and an unfortunate result of an inadequate system, especially as companies grow, change and adopt more complex employment structures. 

When is a termination considered wrongful?

Getting fired can be a devastating experience for an employee, but firing an employee can also be a difficult decision for an employer to make. It is a decision that is generally not made lightly. An employer may have to let someone go based on the employee's behavior or performance, or it may be necessary based on the best interests of the company.

Because a termination can be so upsetting, it is not uncommon for an employee to disagree with an employer's decision. In many cases, workers may feel as though they are the victims of a wrongful termination and decide to pursue a claim against the employer. In these situations, it can be crucial for all parties to understand the difference between a lawful and unlawful termination.

Not all claims of sexual harassment legally actionable

There are employers across Maryland who take workplace behaviors very seriously. They do whatever they can to provide a safe and fair work environment for every employee. However, even these employers can end up facing allegations of serious violations including sexual harassment. But it is important to remember that not every claim is legally actionable.

People do not always understand what exactly sexual harassment is or if they can in fact take legal action against an employer. Whenever the issue comes up, employees and employers can be confused about what rights are in place to protect both the alleged victims and the alleged perpetrators.

Maryland employers: Are your employment practices discriminatory?

Discrimination in the workplace is something that every person probably thinks they understand. However, there are many misconceptions on the issues. For example, people might think that if a woman gets hired for a job instead of a man, it is automatically considered discrimination. Or they believe that someone of a certain age or race cannot be fired. 

These scenarios are not necessarily discriminatory at face value; but if employment practices effectively treat some applicants or workers better than others, it could be considered discrimination. In the scenarios mentioned above, employers could face serious consequences if they only seek and hire females or if the decision to fire someone is based on age and not his or her job performance.

Two sides to every discrimination claim

When we read about workplace discrimination in the news, it is often from the perspective of the alleged victim. However, every discrimination case has two sides: the alleged victim's and the employer's. It is crucial to remember that both sides have the right to present their case in the courtroom, even if their stances are not equally considered in the media. 

A case playing out in another state should be a good reminder to Maryland readers that discrimination claims often consist of two very different accounts. It also serves as a reminder of how important it can be for employers to have skilled legal representation in the event that they are facing accusations of discriminatory practices.

Ikea makes surprising wage announcement

There are significant differences between large companies and small businesses. But no matter how big or small an organization is, there are similar challenges that each faces when it comes to being successful.

One such challenge is determining how much to pay workers. Of course these wages must comply with state and federal guidelines, but each company also has to balance what they can pay workers with what they need to be successful. No matter what size a business is, it can be very difficult to make sweeping changes to wage structures; it is crucial that these decisions are informed and lawful. 

American Apparel founder fired after string of harassment claims

When a person's actions are damaging to his or her employer's reputation, it can lead to some ugly confrontations and difficult decisions. However, before a company makes any serious or controversial decision, it may be in the company's best interest to first consult an attorney in order to avoid allegations of discrimination or wrongful termination.

That is the situation facing clothing company American Apparel. Reports indicate that the 45-year-old founder of the company was recently fired after the board of directors decided that his repeated instances of misconduct were negatively impacting the brand. However, the founder is fighting back and promises that unless he is reinstated, he will be filing a wrongful termination lawsuit against the company.

Maryland employers: Do you need to reconsider a noncompete?

Maryland employers will generally take whatever steps they can to protect their business. In many cases, employers may be considering whether they should have employees sign an employment contract, such as a noncompete agreement. These agreements can limit the employment opportunities workers have should they leave the company. 

Historically, the companies that generally utilized noncompete agreements were those in the technology or creative industries with highly sensitive or unique products or services. In order to avoid the possibility of an employee from leaving a company to work for a competitor and taking client lists, trade secrets and other critical data with them, many businesses had workers sign an agreement that banned them from working for certain companies for a specified time period.

But is the use of noncompete agreements getting out of hand?

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