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It is YOUR Duty to Mitigate – And You Could Be Sorry If You Don’t

It is YOUR Duty to Mitigate – And You Could Be Sorry If You Don’t

You could have a rock-solid discrimination, harassment and/or retaliation case,  or even a breach of contract case, and win at trial and (surprise) recover absolutely nothing if you fail to look for another job – what the law calls “mitigate damages.” This means that you have to do what you can to minimize damages caused against you by your case.

In employment cases, you must make a good faith effort to reduce the money that you have lost in wages because your former employer caused you to lose your job. As a discharged worker, you must make “reasonable efforts” to find another job and to accept a comparable job if you get a job offer. If you don’t, you employer may persuade that judge that you did not really make sincere efforts to find comparable employment and, therefore, you should recover nothing.

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Whistleblower Protections Don't Show Up in The Funny Pages!

Whistleblower Protections Don't Show Up in The Funny Pages!

Legal protections for Whistleblowers are no laughing matter.

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Fourth Circuit Issues Important False Claims Act Decision

Fourth Circuit Issues Important False Claims Act Decision

In US ex rel. Badr v. Triple Canopy, Inc., the U.S. Court of Appeals for the Fourth Circuit, which includes Maryland, issued an important decision regarding the Federal False Claims Act (FCA). The FCA provides that any person who knowingly submits false claims for payment to the government may be liable for double the government’s damages, plus a penalty of between $5,500 to $11,000 per false claim.

This is an important case because it establishes the potential for FCA liability where government contractors submit invoices for payment to the United States while knowing they have not satisfied the core requirements of their contract.

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New Sick And Safe Leave Law is Good News for Employees in Montgomery County

New Sick And Safe Leave Law is Good News for Employees in Montgomery County

A new law that went into effect in October 2016 requires most employers in Montgomery County to provide earned sick and safe leave to employees for work performed in the county.

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Maryland and Montgomery County Increase Minimum Wage

Maryland and Montgomery County Increase Minimum Wage

Maryland’s minimum wage has now been rasied to $9.25 per hour, a 50-cent increase, as part of incremental increases approved in 2014 by Governorner Martni O'Malley to take place over several years. Next year, the minimum wage is set to increase to $10.10 per hour.

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Non-Competes Stink but Can Be Enforced In Maryland

Non-Competes Stink but Can Be Enforced In Maryland

In Maryland, non-competes and non-solicitation provisions can be enforced. However, a Maryland court will not enforce every non-compete and/or non-solicitation agreement.

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Beware: Laws That Will Take Away Your Overtime Pay are In the Works

Beware: Laws That Will Take Away Your Overtime Pay are In the Works

You ARE entitled to overtime pay if you are paid by the hour and work more than 40 hours in a workweek -- but that may change if a Republican-passed bill in the U.S. House of Representatives becomes law, which it should not!

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Computer Professionals Should Monitor Their Status for Overtime Entitlements

Computer Professionals Should Monitor Their Status for Overtime Entitlements

One of the more misunderstood laws is that through which employers are exempt from paying overtime wages to computer/IT professionals – and, therefore, it is often most abused by some employers.

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The ‘Gig Economy’ and Your Wage Rights as an Independent Contractor

The ‘Gig Economy’ and Your Wage Rights as an Independent Contractor

Technology companies, such as Uber and Lyft, tout the benefits of the “gig economy,” in which workers are designated as independent contractors, not employees. The problem is, independent-contractor status often does not benefit workers.

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Workplace Sexual Harassment Must be Combated both Before and After it Occurs

Workplace Sexual Harassment Must be Combated both Before and After it Occurs

A recent New York Times expose on Sexual Harassment has confirmed what the attorneys at Lebau & Neuworth have consistently experienced throughout their extended careers: Women regularly fail to report Sexual Harassment in the workplace because of fear of retaliation.

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Employers Cannot Escape Discrimination Against Drivers Based On Revocation Of DOT Card

Employers Cannot Escape Discrimination Against Drivers Based On Revocation Of DOT Card

In 2016, Lebau & Neuworth filed a complaint on behalf of a driver who was fired after the employer’s doctor revoked the driver’s U.S. Department of Transportation card after he suffered a stroke. All of the driver’s treating doctors cleared the driver to return to work and to drive trucks, but that did not stop the employer’s doctor, who was not a stroke specialist or certified in occupational medicine, from concluding that the driver was still not fit to drive.

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