Lawrence J. Sherman’s Answers

Lawrence J. Sherman

Washington Employment / Labor Attorney.

Contributor Level 9
  1. Adr was not successful employer said I filed a charge before with another employer and that will be used against me

    Answered 5 months ago.

    1. Lawrence J. Sherman
    2. Jody R. Pollara
    2 lawyer answers

    ADR is generally voluntary and the adverse party can take positions that it believes will be successful even if there is no legal merit to the position. Reference to a prior ADR proceeding involving another employer is somewhat out of bounds but there are no penalties for taking a hardline. The reference must be part of a deliberate plan to justify refusing to make an offer. The adverse party achieved its desired result, but you should not stress out over having exercise your rights.

    Selected as best answer

  2. What should I answer on to this job application question?

    Answered over 4 years ago.

    1. Lawrence J. Sherman
    2. Thomas H Gimer
    3. Henry Lee Saurborn Jr
    3 lawyer answers

    I do not believe that you should regard the question as over-reaching. That approach gets you nowhere if you want the job. You did not say in your write-up what kind of background check is being done, by whom, whether your answer is under the penalty of perjury, whether you have or need a security clearance, etc. All of these circumstances matter. Assuming that you are not subject to oath or heigthened secuirty requirements, you can probably state that you have not been convicted of...

    Selected as best answer

  3. Will "letter of commitment" change my at-will job into a contract?

    Answered 10 months ago.

    1. Lawrence J. Sherman
    2. Jody R. Pollara
    3. Andreas Lundstedt
    4. Richard Glenn Elie
    4 lawyer answers

    Your question raises difficult issues. The second letter is an authorization to hold you out as an employee on a government contract bid and is often required. It is not a guantee of employment so you remain an at will employee. My suggestion is that you ask the potential new employer to modify the at will clause to provide job security before quitting your current job. If that suggestion is refused, keep your current job and wait and see if the employer gets the new contract. If it does,...

    2 lawyers agreed with this answer

  4. Do I need an employment lawyer?

    Answered over 2 years ago.

    1. Lawrence J. Sherman
    2. Wayne J King
    3. Dave Bahr
    3 lawyer answers

    There appears to be a prima facie case for discrimination and retaliation depending on addtional facts that you post did not disclose. There also may personal animosity and insuecurity that may gotten into the mix. You need to pull all of the relevant documentation, prepare a detailed chronology or timeline and consult with an employment attorney ASAP. Please do not sign a release without negotiating an enhanced severeage package and guaranteeing that you will receive fair and positive...

    2 lawyers agreed with this answer

  5. Labor Law

    Answered almost 3 years ago.

    1. Lawrence J. Sherman
    2. Marilynn Mika Spencer
    2 lawyer answers

    Under Maryland law, you are an at will employee, who has a right to quit but also can be fired for any time except in violation of anti-discrimination and other labor protective legislation that may be applicable, As a manager, you are not protected by the Fair Labor Standard Act or the Maryland Wage Payment and Collection Act. From your description, you are being treated abusively but have no real legal rights except to look for another job. If you have an employment contract, you may...

    2 lawyers agreed with this answer

  6. Can my employer hold my pay check if I gave back my key?

    Answered over 3 years ago.

    1. Lawrence J. Sherman
    2. Jason T Brown
    3. William J Hickey Jr.
    4. Aaron B Maduff
    4 lawyer answers

    Under the Maryland Wage Payment and Collection Law, you are entitled to be paid in full for all of your earned wages within 14 days after termination or on the next payroll period. You can file a complaint with the Maryland Department of Labor and Licensing Inspections (DLLR) or bring a private action. The law provides for an award of reasonable attorney's fees and liquidated damages if you prevail.

    2 lawyers agreed with this answer

  7. Did I experience institutional discrimination at my place of work resulting in constructive discharge?

    Answered 12 days ago.

    1. Lawrence J. Sherman
    2. Robert Allen Shipley
    3. Janice L Williams-Jones
    4. Zvi David Barkochba
    5. Kevin James Rutan
    5 lawyer answers

    You have a basis to claim constructive discharge. However, the claim is relatively meaningless except for demonstrating that you quit your job for good reason to qualify for unemployment compensation benefits. Constructive discharge applies in discrimination and retaliation claims brought under federal, state and local law. To prevail, you need a strong claim of discrimination and additionally evidence that the employer made your job or working conditions so intolerable that the only...

    1 lawyer agreed with this answer

  8. Does the job matter in car accident injury?

    Answered 16 days ago.

    1. Timothy E Fizer
    2. Jon Friedman
    3. James Andrew Robson
    4. David Ian Schoen
    5. Peter Anthony Jabaly
    6. ···
    7 lawyer answers

    One element of damages is lost income from employment. If you are not working, you will not suffer economic injury. You still can recover for property damage, medical expenses and pain and suffering.

    1 lawyer agreed with this answer

  9. I was just laid off. do i legally have to sign my employer's exit letter?

    Answered about 1 year ago.

    1. Lawrence J. Sherman
    2. Darrel S Jackson
    2 lawyer answers

    There is no legally enforceable requirement that you participate in an exit interview or sign a report that supposedly summarizes the reasons for your layoff under Maryland law, The statement could potentially limit your ability to claim unemployment insurance benefits or have other adverse effects. Is this statement tied to a severance package? If so, you may have to forfeit the package unless you can negotiate acceptable language as part fo your overall package. You really have not...

    1 lawyer agreed with this answer

  10. Can I file a constructive discharge claim now that I have a new job? I was asked to resign after meeting with the VP.

    Answered almost 2 years ago.

    1. Lawrence J. Sherman
    1 lawyer answer

    Your question raised many issues beyond whether you can claim that you were constructively terminated. From your summary, it would appear that you were actually terminated after earlier being subject to a pattern of retaliation for having raised concerns about corporate wrongdoing in failing to comply with wage & hour and other applicable legislation. You may also have other valid claims but you have not provide enough information to address these potential claims in this answer. The big...

    1 lawyer agreed with this answer