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Neil Hyman’s Answers

91 total


  • On a lease, is a faxed copy of a signature legally binding, or does the contract need original signatures?

    I have a lease, and I am a real estate agent. I got a copy of the lease e mailed to us, from another agent, but the broker wanted an original document fearing copies of signatures are not legal in court. We got checks delivered, but not the ...

    Neil’s Answer

    Copies of the signatures are generally fine. Unless the document requires an original signature that is notarized, email and fax copies are acceptable.

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  • How long does a landlord in MD have to sue for damages?

    Son rented apt w/boy in MD to go to college. Other boys father co-signed. 9/05-8/06 lease. Summer of 2006 came home to DE to work. My son went down every mo or so to the apt & in found eviction notice on door. He had paid his portion throughout th...

    Neil’s Answer

    The Statute of Limitations in Maryland for a breach of contract is generally three years. Depending on exactly when the eviction was done and when the tenants no longer had use of the property, the landlord may have waited too long to file suit.

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  • Salary, Exempt employee-nothing in handbbook defining using earned paid time off(vacation/sick time) for partial days work.

    being a salary-exempt employee for 15+ years, same employer, I am being told I have to use paid time off earned for partial day's work; example if I have an appointment which takes 1 hour, I am being required to use earned paid time off. There i...

    Neil’s Answer

    Your employer can require you to use accrued leave to cover absences from work, regardless of the nature or the duration of the absence. However, as an exempt employee, if you have no leave, your employer cannot dock your for any day in which you perform any work, even if it's less than a full 8 hour day.

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  • Can I sue former employer for wrongful termination.

    I was terminated from my position and I appealled with sucess. The hearing officer ruled on my behalf granting me my job, however giving my employer 10 days to respond. My employer responded 3 months later not reinstating me. What can I do.

    Neil’s Answer

    You may have to file suit in Circuit Court to seek to enforce the ruling of the hearing officer. You may also have a claim against the union and possible for back pay. I urge you to find an attorney who can assist you with these issues.

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  • Am i due overtime pay

    i am currently working 10 nights in a row without time off i usually work 5 i get paid every 2 weeks and the pay period starts right in the middle of these 10 days (Day number 5) my supervisor states that because my schedule is spread out over 2...

    Neil’s Answer

    Overtime is determined by the Fair Labor Standards Act. If you work more than 40 hours in one week, you are entitled to overtime at 1.5 times your normal hourly rate. The number of hours is not determined by the start day of your work week or pay period. It's merely the total number of hours worked in that week. If you work 55 hours one week and 25 hours the next, even though that's 80 hours for a pay period, you are still entitled to 15 hours OT pay for the 55 hour week.

    I urge you to speak to an attorney to discuss any possible overtime issues you are facing.

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  • In a job application.- Can we ask if the applicant has been convicted of dui and driver license suspended in the past 3-5 years?

    rewriting Job application. We have an employee with 17 points in his DL and no one did due diligence.

    Neil’s Answer

    Does having a DUI or a suspended driver's license effect an essential function of the job? Do your employees have to be able to perform their jobs for you? If so, this is a legitimate line of inquiry. If not, why are you asking these questions and what do you intend to do with the information when you get it?

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  • Terminated due to pregnancy

    I became pregnant and did not tell anyone(however, it was posted on facebook for my friends to see). The owner called my and said "Now that you are pregant, you're a liability and I am ruining my life", a few days later after working my entire sh...

    Neil’s Answer

    You may have a claim under the Pregnancy Discrimination Act. You should contact a lawyer in your community as soon as possible to discuss your claim.

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  • Do i need a lawyer to represent me for a mediation with EEOC?

    wrongful termination was the verdict on an appeal case through the SC unemployment commission and now EEOC has set up a mediation with the company.

    Neil’s Answer

    You should assume that the company will have a lawyer present at the mediation and it's always a good idea to have your own representation.

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  • If an employee is salaried non-exempt is this employee entitled to over-time? If so how is this over-time figured?

    Employee is non-exempt - salaried. Pay period runs 1-15th and 16 thru end of month Example: Jane makes $1000 every payperiod. This pay period has 88 hours. In one of the weeks Jane worked 44 and the next week 40 and then 8 hours starting the nex...

    Neil’s Answer

    There is no such designation as salaried non-exempt. If you are exempt, you are paid a salary. If you are non-exempt, you are paid an hourly wage and 1.5 times that wage for any time in excess of 40 hours that you work in a week. You should speak to a lawyer about whether or not you are exempt and if you are not, about a possible overtime claim under the Fair Labor Standards Act (FLSA).

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  • If one is a salaried employee can an employer only pay you for hours worked?

    I recently moved to a new job as a consultant. Shortly after staring the job I found out that the position they hired me for no longer existed and they did not have enough work for me to do. They, therefore, will only pay me for the actual hours...

    Neil’s Answer

    As a salaried employee, your employer is required to pay you your salary every week regardless of the quantity of work that you do. The Fair Labor Standards Act (FLSA) has some very specific and highly technical exceptions to the salary requirement, but if you perform any work in a week, you must be paid your full salary for that week. You should contact an attorney as soon as possible to discuss your situation.

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