Legal Question in Employment Law in Maryland

Re: Manager Liability

You would only be personally liable if you are both a corporate officer and primarily formulate the corporation's decision to fire the particular employee. Moniodis v. Cook, 494 A.2d 212,218-219 (Md.App.,1985). Should you wish to discuss this further, please call me, (202)331-2883.

Re: Manager Liability

First, if the discharge is for legitimate reasons, then you would not be held liable.

Second, employees of companies are generally not liable for actions they take within the legitimate scope of their work. It is the company that would be liable.

Third, there are exceptions such as those mentioned by Mr. Oswald in the other posting. For example, an individual manager can be personally liable under the Family and Medical Leave Act (FMLA) if he/she violated that act.

Fourth, whether you are ultimately held liable or not, you can always be named in a lawsuit (sued). That would mean you would have to defend yourself, generally by hiring a lawyer, who would move to have you removed from the suit because, in fact, you can not be held liable under the particular facts of the case. Often times, the company will have their attorney represent the named manager as well, but the lawyer has a duty to the company and there could be a conflict.

I mention all of this just so you are aware of it.

Last, you should talk to someone in your company (HR, the legal dept., your manager) if you have not already since the employee has contacted an attorney. Make sure the company takes all necessary steps to document the discharge and protect against a potential suit, and find out what the company will do to protect you.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[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.