Legal Question in Employment Law in Maryland

Re: full disclosure and company provided legal rep

The context of the employment arrangement determines the extent of the disclosure needed. If your husband left another job in reliance on assertions by the prospective employer then he may have damages.

The charges pending with the minor are another thing. The judge was correct with regard to the approach concerning the allegations being made by the minor's mother. This is a criminal matter and you are not required to use the employer's lawyer.

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Re: full disclosure and company provided legal rep

The way I read your question, your husband was hired to straighten out a troubled employment environment. In his management capacity, he terminated several employees. He was then falsely accused of assaulting an employee (in retaliation for the firings, apparently.)

[You do not say whether your husband had a written employment contract. If a written employment contract exists, then it must be reviewed to determine whether it governs your husband's particular situation.

For the purpose of your question, I will assume no written employment agreement exists.]

You ask whether the employer was obligated to give your husband more information about the work environment. This is unclear because we do not have information about your husband's pre-employment negotiations with the employer. At the least, your husband was aware he was going into a troubled situation. Perhaps the employer was not completely aware of the severity of the problem--and figuring that out may be one of the reasons why your husband was hired in the first place. Your husband would need to consult directly with an attorney to provide more details so this could be evaluated more completely.

You indicate the employer did provide your husband with an attorney for his defense on the assault charge. However, you are dissatisfied with the performance of the attorney selected by the employer.

As a defendant in a criminal case, it is your husband's absolute right to select counsel of his own choosing to defend him. However, unless there is some agreement to the contrary, the employer does not necessarily have to pay for a different lawyer.

Given that there is apparently an on-going criminal case, it is imperative that your husband seek an independent consultation with his own, private criminal defense attorney as soon as possible, to discuss his options. Your husband will then be in a better position to decide how he wants to handle his criminal defense.

I would be happy to speak with you or your husband at greater length about this. Please contact me at: [email protected] or [email protected].