Legal Question in Employment Law in Maryland

Re: A Vacation wothout pay

You probably have an argument, but there is no clear answer. The employer would say he either furloughed or suspended you due to lack of work and should not have to pay since you performed no work. Even if the brake problem was not your fault, the employer would still have the right to take such actions rather than pay you to do nothing.

It doesn't sound like he did either, though - he just sent you home. So the answer may hinge on the facts surrounding your employment and the "furlough". Are you salaried or hourly? If salaried, you can claim you should be paid since you were not furloughed, laid off or suspended.

If hourly, it is more difficult to claim you should be paid since you only get paid for the hours worked.

Do you recieve health or other benefits? If so, and you remained eligible while out, then the employer would be hard-pressed to say you were furloughed, but could still claim you were suspended.

In that case, the employer may have some problems under the federal wage laws (the Fair Labor Standards Act or "FLSA"), depending on the exact facts of the "suspension," and whether you are salaried. In short, an employer may only suspend salaried employees without pay for full workweeks at a time. So five days may be okay, but not the other three.

As a practical matter, since the answer is not clear, is it possible to negotiate with the employer? You can let him know you have sought legal advice and believe you have a claim for the time off. Perhaps he would let you use paid sick time, or pay you for 1/2 the time, or grant you additional vacation to make up for it, or do something else as a compromise. Especially since you did not cause the brake problem.

As you can see, this seemingly simple matter can be very complicated from a legal standpoint. I'm sorry I can't give you a more definite answer, but the practical "negotiation" advice may be the best in this situation anyway. You could also bring a claim through the Maryland Department Of Labor (http://www.dllr.state.md.us)or sue in court. (But eight days pay is not worth the time and money of a lawsuit).

Feel free to call for a free consultation if you want to review the matter. You probably don't need an attorney, but I would be glad to discuss the actual facts.

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.