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.Read More
Legal protections for Whistleblowers are no laughing matter.Read More
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.Read More
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.Read More
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.Read More
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.Read More
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!Read More
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.Read More
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.Read More
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.Read More
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.Read More