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Stephen Bruce Lebau

Stephen Lebau’s Answers

81 total


  • My employer states I can return to work without a Doctor's medical release. Is that legal? Should I be concerned?

    I have been on medical leave for lower back and neck pain caused by disc and stenosis issues. I am waiting for LTD to be decided. I have not received an income as of 8/11/13 as STD ended on 8/10/13. My employer states I can come back to work wi...

    Stephen’s Answer

    Your question poses many issues and questions. For example, do u believe u still are disabled? If you do return to work, will the hurt your LTD claim.

    You really should consult with an employment/disability lawyer. The lawyer needs to review the LTD policy, your claim and know more about your employer.

    steve lebau
    www.joblaws.net
    sl@joblaws.net

    See question 
  • Can a potential employer rescind an employment offer after an agreement has been signed and returned? No reason was given.

    Initial agreement start date was incorrect; both parties agreed to a changed start date that was "written in"

    Stephen’s Answer

    It depends under what State law governs, the terms of the contracts, and other relevant facts.

    For example, does the contract have a severance provision? Does the contract provide a definite term of employment. Did you give up other employment to accept the job offer. Why do you think the contract was rescinded? was it subject to a background check?

    You should consult with an employment lawyer.

    steve lebau
    sl@joblaws.net
    www.joblaws.net

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

    My employer was fully aware of my disability. I called out of one day of work because I was having a psychotic episode, and was terminated on the grounds that they needed more reliability (basically they fired me for being disabled).

    Stephen’s Answer

    Much more information needed, including:

    1. how long did you work for the employer
    2. how many employees does the employer have
    3. was your employer aware of your disability

    Once that info is provided, more meaningful responses will be forthcoming.

    sl
    sl@joblaws.net
    www.joblaws.net

    See question 
  • Is it legal for my employer to ask for reimbursement of pay for a job they don't think was completed?

    I'm a nanny for a family. They pay me a weekly salary that is legally taxed. They are having financial difficulties and have asked me to take a week off unpaid in the past. After going on vacation they came home and felt the house wasn't clean the...

    Stephen’s Answer

    Generally not in Maryland. Do you work more than 40 hours in a workweek, if so, you also may be entitled to overtime wages. You should consult with an employment attorney.

    steve lebau
    sl@joblaws.net
    www.joblaws.net
    410.296.3030 x 203

    See question 
  • Is there a viable case if I was terminated during processing of my FMLA paperwork in the state of Maryland?

    I was terminated during processing of my FMLA paperwork because the medical center (owned by the company I was working for) lost the paperwork. It was submitted the week of termination along with a letter from the medical center requesting additio...

    Stephen’s Answer

    very possibly yes, you should consult with an employment lawyer ASAP, the U.S. Department of Labor at www.dol.gov also has helpful information.

    steve lebau
    410.296.3030
    www.joblaws.net
    toll fee 1.888.456.2529

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  • My employer hired me 2.5 years ago as a salaried employee. A new CFO came in and changed my pay from salary to hourly,. I have

    Questioned her repeatedly . This was 9 months ago. In Md. I finally heard from HR that I am now an hourly worker. I am furious. They repeatedly lied to me. They owe me. Money. I feel foolish. Recourse ?

    Stephen’s Answer

    You may be entitled to overtime wages and penalty damages if you more than 40 hours in a workweek.

    For more info see www.dol.gov and www.joblaws.net.

    steve lebau
    sl@joblaws.net

    See question 
  • Is my non-compete enforceable in MD?

    I work for an IT managed svcs provider. 7 1/2 years ago I signed a non-compete with my employer. Recently a client had a job opening which I applied to, interviewed for and was given an offer. The client has a contract with my employer with a clau...

    Stephen’s Answer

    The enforceability of noncompete agreements is a very specific and fact intensive issue, at least in the State of Maryland. You should consult with an employment lawyer well-versed on this issue.

    steve lebau
    www.joblaws.net
    sl@joblaws.net
    410.296.3030 x203

    See question 
  • Does an employer have to give an employee off for court?

    I am in the middle of a divorce. My employer has informed me that they will not allow for me to have off for my court dates. I have been told that I have to have vacation time in order to take the court dates off. I am being told that I will have...

    Stephen’s Answer

    U need to check the state law where u live.

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  • Employer has released personal medical info, passed over for promotion and provided new trucks to all but me. pattern

    supervisor W passed away. former supervisor J. before the above mentioned supervisor said I was most qualified. and other employees were like how the hell. cause I would fill in for them both 2,3,4,5 am weekdays,sat,sun. for 15 yrs. the guy ...

    Stephen’s Answer

    Why do u think the supervisor is doing to this?

    Do u think it is some sort of discrimination.

    S

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  • Would a non-compete clause be enforceable in this scenario:

    Co-owners of company A hire a client, a non-compete is signed barring any individuals from the company to take over services for said client. Company A dissolves, goes out of business, and restarts under a different name, retaining the client. T...

    Stephen’s Answer

    You really need to consult in person with an employment lawyer concerning this question. Not a question can that quickly be answered on line,

    sl

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