Legal Question in Medical Leave in Maryland

Layoff

I worked for CSC in Lanham, MD. I was layed off 12/27/04. I was let go because I had filed a sexual harrassment complaint to our HR Dept. Prior to my being layed off, I had informed HR and my manager that I would going out for surgery on my knee that resulted from a car accident when I worked for CSC in 1999 and I was on business travel. My manager asked me how long would I be out. I told her approximately six weeks. I had submitted all paper work to HR for short-term disability for those six weeks. Before I could go out for surgery, I was layed off. What can I do? Also, I have a disfigurement of my shoulder from the accident October 11, 1999 while on business travel. I had consulted an attorney in 2001 and was told that since the accident was in Detroit, Michigan, there was not a case because of the jurisidication. What is the statute of limitation for an auto accident. Please inform.

Thanks,


Asked on 10/31/05, 7:38 am

1 Answer from Attorneys
Jay Holland Joseph, Greenwald & Laake, P.A.

Re: Layoff

The issue that you may be able to pursue, if the deadline has not already passed, is retaliation for reporting a claim of sexual harassment. It is a violation of Title VII of Civil Rights Act and the Prince George's County Human Relations Act for an employer to retaliate against an employee for making a claim, even if the underlying claim is difficult to prove. You would have 300 days to file that claim with the EEOC from the date of the violation.

You may contact me if you wish to discuss this further.

DISCLAIMER: This reply is intended to be informational in nature and does not constitute providing legal advice. If you desire to obtain legal advice, you should contact an attorney to discuss these issues.

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Answered on 10/31/05, 9:56 am


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