James Edward Rubin’s Answers

James Edward Rubin

Rockville Employment / Labor Attorney.

Contributor Level 8
  1. What are my legal options?

    Answered over 4 years ago.

    1. Paula Jeanette Mcgill
    2. James Edward Rubin
    2 lawyer answers

    Ms. McGill is correct. Employees must be paid for their work in Maryland. Employees who qualify for overtime must be paid overtime. You should consult a Maryland attorney to examine your claim in further detail. Assuming your case has merit, you can file suit, file with the appropriate administrative agency, or seek a settlement from your employer. See the attached link for more information on Maryland's wage laws and for my contact information.

    1 person marked this answer as helpful

  2. Employment/Labor

    Answered over 5 years ago.

    1. James Edward Rubin
    2. Alan James Brinkmeier
    2 lawyer answers

    It may not be. In Maryland an employer needs written authorization to withhold earned wages. If your employer is taking the money out of your paycheck, it may violate the law. Also, an employer cannot reduce an employee's wage to below the minimum wage.

    1 person marked this answer as helpful

  3. Can a employer withhold a commission check if you quit?

    Answered over 1 year ago.

    1. Stephen Bruce Lebau
    2. James Edward Rubin
    2 lawyer answers

    If you have earned the commissions, they must be paid. I reviewed most of the relevant case in the link below and have litigated many, many commissions cases. I agree with Mr. Lebau. You should consult an employment lawyer. James Edward Rubin Rubin Employment Law 11 North Washington Street, Suite 520 Rockville, MD 20850 (v) 301-760-7914 (f) 301-838-0322 jrubin@rubinemploymentlaw.com

  4. Work in Maryland, employer has allowed access to my computer and changes to files have been made. An attempt to dis credit to me

    Answered over 2 years ago.

    1. James Edward Rubin
    1 lawyer answer

    It is not entirely clear to me what you are asking. I am not sure what "deference" is. On unemployment, the State of Maryland decides whether you are eligible and not your employer. So, you should apply for benefits. Otherwise, you should consult with a Maryland Employment Lawyer to see if you have a claim. Here are some potentially helpful links:

  5. I was fired in November, I filed for unemployment benefits in Maryland. After investigation, I won benefits.

    Answered about 4 years ago.

    1. James Edward Rubin
    2. Randy T. Enochs
    2 lawyer answers

    I agree with the above answer. You should at least consult with a Maryland Employment lawyer. The fee a lawyer can charge for a hearing is regulated (and limited) by statute. A fee of 200% of your weekly benefit rate is permitted and an attorney can petition for more.

  6. Do i need legal advice before signing an employment contract

    Answered over 4 years ago.

    1. Paula Jeanette Mcgill
    2. James Edward Rubin
    3. Sharon Sweat Jackson
    4 lawyer answers

    Yes. The small amount of money you will pay for a legal review to understand your rights will go a long way to a avoiding costly litigation down the road. Maryland and D.C. law on such agreements can be peculiar and counter-intuitive. Employers often insert punitive provisions in agreements. At the very least you should get some professional advice to understand what you are signing.

  7. Company is closing its doors in Maryland. I am being laid off. I will receive a small severance. Can I collect unemployment?

    Answered over 4 years ago.

    1. James Edward Rubin
    1 lawyer answer

    The 2009 General Assembly enacted several changes to Maryland's unemployment law. As a result, all severance pay is disqualifying. Eliminating what many thought was a loophole all severance and dismissal payments are now deductible from unemployment insurance benefits. See http://mdemploymentlaw.blogspot.com/2009/06/important-changes-to-maryland.html

  8. Can all employees be exempt?

    Answered over 4 years ago.

    1. James Edward Rubin
    2. Lawrence J. Sherman
    2 lawyer answers

    An individual is exempt from receiving overtime only if the individual meets the legal definition for an exemption. Most exemptions turn on the employee's actual job duties (and, as such, changing his or her job description and salary would not make a difference since its the actual job duties that matter). The FLSA and its DC and MD law equivalents contain many exemptions. Your best bet is to contact a local labor lawyer to advise you whether your employees are actually exempt.

  9. I signed a 24 month contract with my employer. If I wish to end the contract, what actions can be taken?

    Answered over 4 years ago.

    1. James Edward Rubin
    2. Michael S. Haber
    2 lawyer answers

    I agree with Mr. Haber. You should bring the contract (and any related documents) to a Maryland employment attorney for review. Although you cannot be ordered to work for this employer, it could sue you to pay for the costs of replacing you.

  10. When on salary is any law broken when a person works 90-96 hrs a week.

    Answered over 5 years ago.

    1. James Edward Rubin
    1 lawyer answer

    Whether you are entiteld to overtime depends on your job duties and whether they meet the test to qualify for an exemption. The United States Department of Labor's webstie has detailed regulations on whether you qualify for overtime. Start here: http://www.dol.gov/esa/WHD/regs/compliance/fairpay/ In Maryland, if you work, you must be paid for your work. You can file a claim with the Maryland Department of Labor. See this link for details: http://www.dllr.state.md.us/labor/essclaimform.shtml