Mary Theresa Keating's Answers

Mary Theresa Keating
Baltimore Employment / Labor Attorney.
Contributor Level 7

4

Attorney answers:

  1. Mary Theresa Keating
  2. Thomas C Valkenet
  3. Mark L Rosenberg
  4. Alan James Brinkmeier

It is my understanding that in our country each party pays their own legal fees when involved in a legal civil dispute.

Asked by a user in Baltimore, MD - over 1 year ago.

Without reading the motion, the plaintiff may be asking for sanctions for your having filed a motion without any legal or factual basis. Did the answer call your filing "frivolous" or invoke Rule 1-311? Right or wrong, you do have the American Rule (subject to the exceptions cited in the previous answer), but in rare instances a judge may order a party to pay the other's attorney's fees for some baseless defense or action. In Maryland they are rarely granted. Good luck.

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1

Attorney answers:

  1. Mary Theresa Keating

CIvil demand and background check

Asked by a user in Baltimore, MD - over 2 years ago.

It would be unusual for a business to file suit or even criminal charges after you paid what was demanded. You can check by going onto the Maryland Judiciary website and search for your name. You'll get the names of all cases and criminal charges in which you were a party. (This does not include rental nonpayment, but should have everything else.) I can't think of how else it would show up, unless retail stores have some kind of list of people they have banned from their stores, for example....

1 person marked this answer as helpful

2

Attorney answers:

  1. Philip Leon Marcus
  2. Mary Theresa Keating

Can I receive unemployment?

Asked by a user in Baltimore, MD - about 1 month ago.

You can receive unemployment benefits if you are now well enough to work, and continue to look for work and file your tele-certifications. It is inconsistent, though, to apply for unemployment and to claim that you are entitled to disability benefits for the same time period. You and your doctor should determine which side of the "unable to work" line you fall for any given week. Good luck.

1

Attorney answers:

  1. Mary Theresa Keating

Can a employer change their minds to let unemployment pay you

Asked by a user in Owings Mills, MD - about 1 year ago.

If you have been denied benefits, you will have to go to the hearing. If the employer does not come, you should be able to convince the hearing examiner easily that you deserve benefits. The employer has the burden of proof but it's your appeal.

2

Attorney answers:

  1. Mary Theresa Keating
  2. Robert Jan Suhajda

Back ground checked for employee results are bad.

Asked by a user in Lutherville Timonium, MD - over 1 year ago.

I'd want to know what your contract with the school says. Also, are they convictions? I would worry most about child molestation charges, but there is a risk if the person has a conviction for distribution of cds -- just think if the person starts up a new business dealing drugs in the school. On the other hand, these kinds of records can overly affect African-Americans and other minority populations, so if you determine it's not job-related you have to be careful about firing people and...

4

Attorney answers:

  1. Keith R Havens
  2. Craig Meyers
  3. Mark L Rosenberg
  4. Mary Theresa Keating

If I relied on a position offered, can the employer (an agency) cancel without fault?

Asked by a user in Baltimore, MD - over 1 year ago.

In this sort of claim, the company may be liable for negligently misrepresenting its intention. The problem is that you can only recover damages that were caused by your acting in reliance on the job offer. Often this is proof that you left a secure job, or turned down a good offer because this one was made. The types of damages you mention are a little weak. Maybe the "etc." damages are stronger. Further, if the cancelation was done by the government, not the company you were going to...

1

Attorney answers:

  1. Mary Theresa Keating

Can my employer force me to go from part time to full time hrs. _i have been at the same position for five years.

Asked by a user in Baltimore, MD - over 1 year ago.

Your employer can't make you work, but it can tell you that the job requires full-time work, and if you can't do it, you're out. Unless the real reason is a discriminatory one, it's legal. If the motivation is to get rid of you because of some illegal reason, and you can prove it, that is another story. Good luck.

1

Attorney answers:

  1. Mary Theresa Keating

How can i go about receiving overtime wages from 2008 until present?

Asked by a user in Essex, MD - over 1 year ago.

If you are entitled to overtime, you should gather what proof you have of working overtime, and either find a lawyer or go to court. Some people are exempt from overtime, though, it depends on your job duties.

2

Attorney answers:

  1. Mary Theresa Keating
  2. Alan James Brinkmeier

I am a tempoary worker, Can my employer reduce my pay rate?

Asked by a user in Pikesville, MD - over 1 year ago.

You are supposed to get two weeks notice before your pay is decreased. But because it's more than minimum wage, this pay decrease is legal. If you fight over the $80 for the lack of two week's notice, you are probably buying more trouble than you want, but that is your decision. This all assumes that the employer is subject to Maryland law.

1

Attorney answers:

  1. Mary Theresa Keating

Can an employer enforce a document that i signed when i received a bonus that i'd have to pay it back if i quit within 2 years?

Asked by a user in Baltimore, MD - about 2 years ago.

I can never answer a contract question without seeing the contract. Let's say that the contract says in no uncertain terms that you must repay if you leave. In that case it is kind of like a loan. Certainly it was intended as an incentive to have you stay, perhaps because the training is valuable. Were you making at least minimum wage without the bonus figured in? Was the amount of the bonus tied to your performance at the time? If so, it could be viewed as compensation for work performed,...