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Neil Hyman’s Answers

91 total


  • Can an employer change the terms of your contract without your signature if there is not a clause stating he has this ability?

    I have a signed employment agreement that doe not include a provision/clause stating that terms are able to be changed on behalf of the employer at will. There is no clause referencing these procedures at all. We were in negotiations in regards to...

    Neil’s Answer

    You have a number of issues in this post. If your employer has failed to pay you wages, commission or severance that you are due, you may have a claim under Maryland law for unpaid wages. If you have a contract for a specific period of time, you may have a claim for wages due for the duration of the contract. I urge you to contact a lawyer who is knowledgeable about wage payment issues and Maryland employment law to further discuss these matters.

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  • I need attorney to represent me at ussc for writ on eeoc issue.

    I am not sure of the deadline, I think it's mid April or at least that is what the clerk told me based on checking my case, but try as I might I am not able to do the documents. if I go legal clinic route, they don't do citations for you and I ...

    Neil’s Answer

    Do you have specific question or concern? Have you been subpenaed to appear at a hearing or provide testimony of some kind? I have experience with EEOC matters, but without a specific question from you, it it difficult to know how to respond. You may contact me via email, neil@neilhymanlaw.com with your specific questions.

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  • What does it mean, when I speak to a US dept. of justice attorney about my complaint at the EEOC?

    I filed a complaint with the EEOC in 2009 against my employer for discrimination based on color, race, religion and origin. The case has been under investigation since 2009. The charges were incresed by the EEOC in 2011 to five separate charges an...

    Neil’s Answer

    • Selected as best answer

    The Justice Department may be considering taking on your case against the agency that you work for. If you don't already have a lawyer assisting you with your EEOC matter, you should talk to an attorney before you speak with the lawyers at the Department of Justice.

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  • Do I have a case?? And how much longer should we wait before considering a lawyer?

    Hello I have a quick question.. me and a friend wer working for a temp agency for 3months, they recently laid us off on november 15th on a Monday. Its now december the 1st and we still haven't got paid for that one day. Everytime her or I call it...

    Neil’s Answer

    You should contact a lawyer as soon as possible. Your former employer is required to pay you within the pay cycle following your termination. Failure to pay wages that are due may subject the employer to treble damages and attorneys fees.

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  • Interference with Prospective Economic Advantage - a valid case?

    I was recently passed over as the top candidate for a job after a former supervisor provided negative information to a prospective employer after I requested him (in writing) to refer all job references to an HR representative. This same super...

    Neil’s Answer

    This a difficult cause of action to prove. However, you may also have a claim for defamation and possible claims against the employer, not just the individual who provided the negative information. You should speak with an attorney to discuss all of your possible causes of action.

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  • How do I file a complaint against a company who has yet to pay me my 'paid time off'?

    I resigned 10/6, I received a check for that pay period, but have not received my PTO - it is now 11/27 and no one returns my calls.

    Neil’s Answer

    You may also contact an attorney to file suit on your behalf. Failure to pay wages that are due may result in the employer being subjected to treble damages and attorneys fees.

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  • My son is the landlord. He allow the tenant to move in before he cashed the check. It bounced. How does he get her out ?

    It's been 5 days

    Neil’s Answer

    File a complaint for an eviction in District Court (Landlord/Tenant) for failure to pay rent. He is prohibited from "self help" eviction, meaning he cannot just put the tenant out and change the locks. He must go through a formal eviction.

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  • Overtime for salaried employees.

    My wife has been working as CRNA (anesthesia provider) for over 7 years at the same hospital. She is a salaried employee. She works 4, 10hr shifts a week. Over the years she has probably averaged 40hrs a week. Some weeks a little more and some...

    Neil’s Answer

    If your wife is an at-will employee without a specific contact detailing her work hours, she can be asked to stay longer. You should investigate whether or not she is truly an exempt employee. If she is, she has no claim for overtime. If she is exempt, she is entitled to overtime at 1.5 times her hourly rate for any time in excess of 40 hours that she works in any work week. Just because she is paid a salary does not in and of itself mean that she is exempt. The Fair Labor Standards Act is highly technical and complex. You should find an employment lawyer with experience in wage and hour issues to assist you.

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  • Forced resignation or stuck as an employee but not allowed to work there ...

    My husband had a stroke on 02.17.2010 and was released on 10.25.2010 by his Dr. to return to work with a "extremely heavy or repetitive lifting" restriction. His employer won't allow him to return to work with ANY restriction so, in essence, my hu...

    Neil’s Answer

    You need to speak with an attorney about possible ADA claims.

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  • Can i sue my employer for HR non-compliance? No performance review for 2 consecutive years.

    I have been working for a company for 3 and half years. Only once i had a performance review. When i talk to my boss about it, he either ignores the case or procrastinate it. Nothing has been done for 2 consecutive years. I have spoken to HR seve...

    Neil’s Answer

    There is usually no right to a performance review. If your boss is not receptive to your questions, is there someone else in the company, an HR director, or someone like that who you can talk to? Have you been denied any other privileges or benefits of employment?

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