Howard Benjamin Hoffman’s Answers

Howard Benjamin Hoffman

Rockville Employment / Labor Attorney.

Contributor Level 9
  1. How binding is a Non-Compete cause in the state of Maryland when I was terminated without ever being verbally/written up?

    Answered about 2 months ago.

    1. Howard Benjamin Hoffman
    2. Melissa Anne Wu
    3. Jay B. Shuster
    4. Francine Denise Ward
    4 lawyer answers

    You cannot get free advice on AVVO that is worth much - the old adage of "you get what you pay for" is very true. That said, you need to contact a Maryland lawyer who can assist you with: (1) reviewing the actual terms of the agreement, in light of your specific circumstances; and (2) whether the invoices from this law firm are proper.

    6 lawyers agreed with this answer

  2. A decision letter from EEOC finds my employer guilty of sexual harassment & retaliation. I am offered $75,000 to settle. Fair?

    Answered almost 2 years ago.

    1. Howard Benjamin Hoffman
    2. Thomas C Valkenet
    3. Lawrence Roger Holzman
    4. Howard A. Schwartz
    4 lawyer answers

    In order to judge the fairness of this offer, you would need to consider your economic losses, and what emotional distress damages might be recoverable should the matter proceed to Trial. While $75,000.00 is a lot of money, this employer is no where near the damage cap for a larger employer ($300,000.00). You also need to consider whether you have OTHER claims that you may not know of at this time. For example, you may be owed unpaid overtime which the EEOC has not investigated (they do...

    5 lawyers agreed with this answer

  3. Can I sue for wrongful employment?

    Answered over 2 years ago.

    1. Howard Benjamin Hoffman
    2. Barbara L. Horan
    3. Marilynn Mika Spencer
    3 lawyer answers

    Unfortunately, this sort of occurence is all to common. I assume that these promises were made by a Maryland employer. Under Maryland law, it may be possible to file a claim for negligent misrepresentation arising out of the employment relationship. One Court has described what is required as, "a statement concerning future events .... may support a claim for fraud or negligent misrepresentation if it relates to matters within the speaker's exclusive control, rather than an expectation or...

    5 lawyers agreed with this answer

  4. Are we supposed to be comepensated?

    Answered about 2 years ago.

    1. Howard Benjamin Hoffman
    2. Elizabeth Tandy Foster
    3. Marilynn Mika Spencer
    3 lawyer answers

    Unlike the other responses, I am actually admitted to the District of Columbia bar, and my practice concentrates on unpaid wage litigation. Simply because you are paid a salary does not automatically exempt you from overtime. Your post does not address a number of issues, such as what are your work duties, and whether your total hours (including the time for co-worker coverage) would be more than 40 hours in a work week (thereby triggering a right to overtime wages). Please feel free to...

    Selected as best answer

  5. I am diagnosed with Bipolar Disorder, and was recently terminated from my job, do I have a case through the ADA?

    Answered about 1 year ago.

    1. Howard Benjamin Hoffman
    2. Stephen Bruce Lebau
    3. Christine C McCall
    4. Andrew Lawrence Weitz
    5. Arinderjit Dhali
    6. ···
    6 lawyer answers

    I would recommend reviewing the EEOC's interpretative guidance on the ADA and mental illness. http://www.eeoc.gov/policy/docs/psych.html If you are interested in filing a claim, you must contact the EEOC and file a charge of discrimination within 300 days in Maryland (and I would recommend doing so immediately - not waiting). Intuitively, and while more research would need to be done any attorney willing to take your case, I think your employer cannot fire you for having a mental...

    4 lawyers agreed with this answer

  6. Can I sue my employer for not paying me minimum wage?

    Answered over 1 year ago.

    1. Howard Benjamin Hoffman
    2. Judd Garrett Millman
    3. Stephen Bruce Lebau
    4. Gregg Greenberg
    5. Lawrence Roger Holzman
    5 lawyer answers

    Federal minimum wage is $7.25/hour. No worker can receive $2.00/hour. Delivery driver cases have special rules that no one of the prior posts take into account. There may be exemptions from overtime. There may also be a minimum wage exemption for delivery drivers under limited circumstances. I have handled quite a few of these cases, and I would be happy to discuss this matter with you on a no-fee basis. If I accept this sort of case, I do not take a contingency fee from you but...

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  7. My boss owes me 2 wks wages what can I do to get it

    Answered 2 months ago.

    1. Howard Benjamin Hoffman
    1 lawyer answer

    Hire a lawyer who is experienced and competent in cases under the Maryland Wage Payment and Collection Law.

    3 lawyers agreed with this answer

  8. After resigning, my employer is mistakenly paying me full salary. Am I obligated to pay them back after I tell them about error?

    Answered about 1 year ago.

    1. Howard Benjamin Hoffman
    2. Brandy Ann Peeples
    2 lawyer answers

    Honesty is the best policy. Also, the law does not allow you to be unjustly enriched at the expense of another's mistake. I would pay it all back before they demand and sue you.

    3 lawyers agreed with this answer

  9. I worked under the table back in february 2013 and i still haven't been paid for my services,can i sue him?

    Answered about 1 year ago.

    1. Howard Benjamin Hoffman
    2. Theodore B Godfrey
    2 lawyer answers

    Yes, you may sue for unpaid wages, despite any agreement that you may have to the contrary. You should contact a lawyer who has experience in wage/hour matters. Thanks, Howard B. Hoffman (301) 251-3752

    3 lawyers agreed with this answer

  10. My employer is forcing me to participate in a "bait and switch" scheme. If I sell the "bait" I will be fired. What can I do?

    Answered over 2 years ago.

    1. Theodore B Godfrey
    2. Howard Benjamin Hoffman
    2 lawyer answers

    Maryland law's broad rules on "at will" employment, coupled with the very limited exception in which an employee may sue if the firing contravenes a clearly established public policy, leads me to believe that you need to consult with an attorney to determine, for sure, whether a law is even being broken here. Assuming some consumer protection statute is being broken, you would either have to cite the legal violation to your employer and refuse to violate the law, or even better, file a...

    3 lawyers agreed with this answer