Legal Question in Employment Law in Maryland

Re: holding an employee's paycheck

Mr. Sheldon answered it all with regard to employment matters. Your husband may want to forego a determination of a "constructive firing" to collect unemployment benefits but this may be unavoidable if they refuse to pay him for services rendered. If such is the case, then you should pursue unemployment compensation to the maximum extent allowed.

From the sound of it, your husband may be working for a company that is in the midst of going bankrupt. You should pay special attention to this as his services, as billable against the revenue of the company, put him in a priority position to recovery through any bakruptcy filing that may be made by the company.

Additionally, the certification of the company may be in question. An inquiry of the company's status to provide P/T within Maryland may be in your husband's better interest if he chooses to continue to "give" them his services.

Do not allow a corporate entity to benefit at the expense of your husband's labor. Take appropriate action.

Re: holding an employee's paycheck

Yes. Maryland law requires that employers set regular pay periods and pay current employees at least once every two weeks, except for "administrative, executive or professional" employees (basically, those who are exempt from overtime pay under the Fair Labor Standards Act), who may be paid less frequently but still regularly.

If a person is terminated, his/her last pay must be received by the same time the pay would have occurred if they remained employed.

If you had to sue to collect (probably not worth the effort in this case), the court could award three times the wages, plus attorney's fees and costs.

You can also file a complaint with the Maryland Department of Labor if necessary. Their website is http://www.dllr.state.md.us.

You might consider notifying the employer in writing (both locally and at the corporate address) that the pay is due, how much it is, the date it should have been paid, and that they appear to be in violation of Maryland law. Demand that the pay be made immediately. At least that way, you are on record should you have to pursue the matter later.

If things don't work out, your husband could try to collect unemployment as well. This could be an issue if he winds up being discharged over the pay issue, or quits. In the latter case, he can argue that the failure to pay is a "constructive discharge" (i.e., the same as a discharge without actually being fired) - he could not continue to work without pay, and thus had to quit.

But if he wants to keep the job, take the diplomatic approach. Keep pressing frimly but politely for the pay until he gets it.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.