Legal Question in Employment Law in Maryland

Re: unfair dismissal

First, I am sorry to hear of your situation. I hope things work out well, one way or the other.

As to your two potential claims, they would be for age discrimination and disability discrimination. They would be brought under the Age Discrimination in Employment Act and the Americans with Disabilities Act respectively, and/or the Maryland state anti-discrimination statute (depending on which statutes apply to your former employer). It is possible that the FMLA and other statutes or tort claims might apply. There might even be handbook provisions/policies that the employer failed to follow.

As with any employment situation, you are best off reviewing the matter in detail with an attorney to analyze the strength of your case and all possible options. However, if you want to proceed alone, you may contact either the EEOC in Baltimore - 410.962.3932, or the human rights commission in your county (for example, HoCO, PG and Mont. Co. all have HRCs), and they can help you determine at which office to file your discrimination complaint.

For these types of discrimination, it is mandatory that you file with the proper agency if you want to proceed with a lawsuit at some point. In other words, you cannot sue unless you go through the administrative process first. Hopefully, they can help (although it is a lengthy process)and you will not have to sue. Also, be aware that time limits apply. To be safe, you should file within 180 days (although you might have longer).

On the other hand, an attorney can help you try to negotiate your way back into work, or perhaps at least get some severance or other compensation.

Please call me for a free consultation if you want to review the matter and decide how best to proceed. I have successfully handled hundreds of these matters and am available at 301.604.2497 or [email protected].

Best of 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.

Re: unfair dismissal

I'm sorry to read about your situation. I certainly hope that things work out for you.

The termination of your employment may have been in violation of the federal Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act(ADA), and state and local equivalents. Under those laws you are protected from termination based on your age, and your disability. You are protected based on disability if your disability is permanent, you are otherwise qualified for the position, and are able to perform the essential functions of the position with, or without, some reasonable accomodation. It also sounds like your employer is trying to set up a defense to the claim, by stating that you were not performing well. If that is not true, you may be able to show that it is a "pretext", or a false excuse for the termination.

You can file your claim with the EEOC, or a local agency, within 180 days. If you would like to consult with me, please feel free to call Jay P. Holland at 301-220-2200. I am highly experienced in this field. Thank you and good luck.