Lawrence J. Sherman’s Answers

Lawrence J. Sherman

Washington Employment / Labor Attorney.

Contributor Level 9
  1. What should I answer on to this job application question?

    Answered almost 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...

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

    Answered 3 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

  3. Do I need an employment lawyer?

    Answered about 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

  4. Labor Law

    Answered over 2 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

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

    Answered almost 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

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

    Answered 6 months 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

  7. 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 over 1 year 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

  8. A Federal Contract is ending and I have been alerted by my employer that I am about to be laid off.

    Answered about 2 years ago.

    1. Lawrence J. Sherman
    2. Rebecca Newman Strandberg
    3. Darrel S Jackson
    3 lawyer answers

    You have potential age discrimination case that could provide leverage in negotiations to secure another job or get a severance package. There are legal and practical barriers to succeeding. It is hard to give more than impressionist advice based on the limited information that you provided.

    1 lawyer agreed with this answer

  9. Is my Mom's employer guilty of age discrimination by telling her she's forgetting how to do her job when she is not.

    Answered about 4 years ago.

    1. Theodore B Godfrey
    2. Lawrence J. Sherman
    2 lawyer answers

    There is no easy answer to your question. The comments appear to be ageist, but they may have some basis in reality. Your Mother should document her performance, all comments and criticisms made and confirm verbal interactions by email or memo whenever necessary. Documentation will assist her in defending herself and/or challenging any adverse employment action. The Supreme Court raised the bar in proving age discrimination. If your Mother is terminated or demoted, she had to prove that "...

    1 lawyer agreed with this answer

  10. How to fill out past job discriptions

    Answered over 5 years ago.

    1. Stephen A. Drazin
    2. Lawrence J. Sherman
    3. Jonathan H Levy
    4. Kenneth Lewis Swenson
    5 lawyer answers

    The job applicant must provide an accurate and truthful summary of your past employment and educational credentials. It is still possible to put a positive spin on your work and accomplishments and it is not necessary to state the reason that you left the position. Withholding material information or providing false and misleading information constitutes grounds for termination of any new job the applicant might get. In addition, many forms require the applicant to make statements under the...

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