Legal Question in Employment Law in Maryland
refusing to pay salary hours worked
I am writing you because I quit my previous job due to stress, overworked, salary payments. When I received my last paycheck it was incorrect. My hours were much more than what was being paid. The doctor I was working with decided not to pay me a 8 hour pay for snow days. I was told by the manager that the doctor said when there was snow and bad weather he wanted us to stay home instead of trying to come in and getting in a accident. Well since I quit the story has changed. Also the doctors wife said she was going to deduct money from my pay due now to make up for the paycheck that they did pay me 8hours for snow. They also did not pay me the medical insurance money that they had been paying me for 4 months for not needing medical insurance.(due to having insurance through my spouse)What are my rights. Everytime they tell me they won't pay me they bring up that I walked out on them.
1 Answer from Attorneys
Re: refusing to pay salary hours worked
It is irrelevant that you left the job. You are legaly entitled to get paid for every hour that you worked, and for whatever else was promised to you. They can not tell you you will be paid one way while you are working, and then change the story after you work. That is a breach of contract and unjust enrichment.
I recommend that you figure out exactly what they owe you and put it in a politely worded letter explainaing that you worked under an agreement that called for certain pay and benefits and they are not legally entitled to change the agreement after the fact. Request that full pay be made within a short amount of time, perhaps by the end of the week during which you send the letter. Fax it or hand deliver it if you can so there is no mail delay. End by saying that you will file a complaint with the Maryland Department of Labor if necessary to recover your lost pay. Let them know that they could be liable for triple damages if you are forced to file.
Here's the scoop on filing a complaint:
To recover the wages, you may file a complaint with: the Division of Labor and Industry,
Employment Standards Service,
1100 North Eutaw Street, Room 607,
Baltimore, Maryland 21201,
(410) 767-2357,
Fax (410) 333-7303
The DLLR may eventually go to court for you if they cannot persuade the employer to pay,
or you may bring your own complaint in court. If the amount is less than $2500, you can go to small claims court.
In either case, the court may award 3 times your wages, plus attorneys fees and costs, if they find that the wages were withheld "in violation of the law and not as a result of a bona fide dispute."
If you find that you need an attorney, perhaps to send a demand letter and negotiate with the employer, please feel free to contact me for a free consultation. My numbers are below.
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
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.