Legal Question in Employment Law in Maryland

Re: Terminated for looking for second job

First, I am sorry about the loss of your job.

As you can see from the previous answer, this is a complex area of the law. In addition to Maryland law, federal law also makes it illegal to intercept phone calls, but there are employer exceptions. If there is a known policy or practice (in a handbook for example, or in actual use each day) for the video store to record calls, it may be allowed. (Even though it is more difficult under MD law for such behavior to be legal). On the other hand, it is much more difficult to justify intercepting personal calls, regardless of the policy.

Much more information is needed to evaluate whether you have a viable claim. If you do, damages can be as high as $10,000 under federal law, or actual damages if higher (including items such as searching for another job, the cost of lost pay and benefits while out of work, etc.), plus attorney's fees and costs.

If you want to review the matter for free, please call me. If I believe I can help, I will do so for a reasonable fee if you want to go forward. For example, even if filing a lawsuit is not justified, you might want to send an attorney letter and make a demand for damages.

In any case, good luck with your future endeavors.

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.

Re: Terminated for looking for second job

Maryland's law over employment is "at-will". There are many factual exceptions to the general rule of "at will" and these exceptions apply on a case by case basis. Most exceptions are grounded in contract with a smathering of cases being based in tort.

Under Maryland Code, Subtitle 4, Wiretapping and Electronic Surveillance, a remedy is available for any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in "evidence". Actual damages are computed at the rate of $100 for each day of the violation or $1,000, whichever is higher. Your problem with the violation is that it was NOT used in evidence during a judicial proceeding.

Given the above, you could legally contest the matter and the store owner MAY encounter problems with using the recording in evidence at a trial.

In response to your questions, the following applies. No he cannot fire you for looking for another job on your own time. No he cannot record your conversation and use it in a trial unless you consented.

However, given the level of your employment, I would venture to guess that it is not worth your while to pursue the matter via a court filing.