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James Edward Rubin

James Rubin’s Answers

17 total


  • Can I sue my supervisor?

    I joined my current job in Jan 2014. I had very happy and productive experience. My previous supervisor was satisfied with my job. I got an annual increase for being a good employee. 18 moths later, and due to organizational restructure, I moved t...

    James’s Answer

    You should consult with an employment law attorney.
    You generally cannot sue your supervisor, individually.
    There is no rule of fairness in the workplace.
    But, certain kinds of discrimination are unlawful.
    You may have a claim against your employer for discrimination and you should consult an attorney about that claim.

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  • Can a employer withhold a commission check if you quit?

    I currently am a commission based employee. After receiving a better job opportunity I gave my boss 2 weeks notice. The whole first week I was treated completely different and somewhat discriminated against. If I chose not to finish out my remaini...

    James’s Answer

    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

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

    to fire for cause to avoid paying deference and un employment. Do I have any recourse. I can prove all?

    James’s 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:

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

    I was penalized for five weeks. I am suppose to start to get benefits this week. I get a letter in the mail telling me My last employer is appealing that decision and a notice to attend a hearing. What should I do? I was fired for something minor ...

    James’s Answer

    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.

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  • Do i need legal advice before signing an employment contract

    employment contract

    James’s Answer

    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.

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

    I have worked for Solo in Maryland for 30 years. They are closing my plant in Owings Mills soon. I will receive $6500 in severance. Can I still collect unemployment? I have been told that if you receive severance you cannot collect unemployment.

    James’s 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

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  • Can all employees be exempt?

    I have a question with a regard to the labor law of Maryland and Washington DC. I am an HR manager in a small IT company (47 employees). We would like, ideally, to grant all our employees the exempt status. Is it possible? Can we adjust the job de...

    James’s Answer

    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.

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  • What are my legal options?

    Over two years with not-for-profit employer who did not pay for several hours of work during some shifts on several occasions, did not provide the federally mandated break and rest periods between shifts, and despite having employees working over ...

    James’s Answer

    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.

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

    At the time of igning the contract, I inquired as to whether it indicated that I had to work for the agency for 2 years or if I would be unable to negotiate my salary for 2 years. I was informed that the latter was the case. Upon submitting my ...

    James’s Answer

    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.

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