Feed Info - Maryland Employment Lawyer Blog

In any given month, we represent numerous claimants at unemployment appeals hearings. What many are not aware of is that we also represent employers in such matters. In fact, we often receive inquiries from employers if we can represent them at such hearings, and the answer is yes! Our experience and knowledge in handling both claimants and employers put our clients at a distinct advantage because we are familiar with and possess the know-how of representing both sides. Should your company find that the DLLR has made the wrong decision in awarding an individual unemployment benefits, or should an employee appeal a decision that could adversely affect your tax and reporting obligations, do not wait to take action. We will gladly take the stress from you and handle the case from start to end. We vigorously pursue these matters and to date have never lost an unemployment appeals hearing where we represented the employer!

In any given month, we receive a multitude of inquiries from individuals who have been denied unemployment insurance benefits and wish to file an appeal. As a result, we handle many unemployment appeals, we have developed a very strong track record where we win the majority of our hearings, and we have established ourselves as one of the preeminent law firms in Baltimore and Maryland for unemployment appeals.

When individuals call to ask how we can help them, we urge them to make sure they are represented by counsel at the first hearing, the lower appeal, since that is each party's final guaranteed opportunity to fully tell their story. It is also the step where we have the highest success. Unfortunately, not everyone heeds our advice or finds us until after the first hearing has concluded. Appeals beyond the lower appeals hearing take months to resolve, cost more, and the higher the appeal goes the more difficult it gets. Despite the high level of difficulty, we often represent individuals with appeals to the DLLR Board of Appeals as well as with petitions for review to circuit court. Most firms will not handle these matters because by many attorneys' calculations, they are not worth their time, and appeals at the circuit court level are by many considered to be nearly impossible to win.

Our philosophy is different. Optimally, we wish everyone retained counsel for the lower appeal, but we will not turn away individuals in need simply because we have not represented them at the first hearing -- if we believe we have a chance to win in court. As a result, we are happy to report that we have recently scored a string of victories at both the DLLR board level as well as with the circuit court. These successful appeals have had profound impact on our clients, many reporting that the win was the difference between being able to pay their bills, keeping their automobiles, or even their homes.

We've noticed over the years that, come December and January, we start to get a slew of phone calls and emails from employees who were either terminated in late December, apparently by employers who think that they can avoid paying bonuses by terminating employees before the end of the year, or who quit their jobs in January and are told that because they are not employed when their annual bonus is paid, they have forfeited their bonus. Nothing could be further from the truth. Under Maryland law, if an employee earns a bonus or commission, then the employee must be paid for their work -- regardless of whether they are still employed on the date that the bonus or commission is scheduled to be paid by the employer. In fact, employers risk having to pay liquidated damages, either double or treble damages, as well as attorneys' fees and costs for refusing to pay such bonus or commission payments. If you are in this situation, give us a call or send us an email and we will let you know if we think we can assist you with your potential case.

Typically, when a city, county, or state worker is subjected to adverse action, such as a suspension, demotion, or termination, the worker has certain administrative appeal rights after the action has been taken. We frequently represent such workers, including employees of various school systems and state and city departments, and have established an excellent track record assisting our clients. Most recently, we were able to assist a social worker working for the Maryland Department of Social Services who after several years of successful tenure was unexpectedly discharged for what we argued was a relatively minor infraction. We challenged the termination and pursued the appeal aggressively. Within a short period of time, we were able to put the employee back in their original position but under a different supervisor. Our client has been able to resume his career and, suffice to say, our client couldn’t be more satisfied. If you are in a similar situation, give us a call for a free telephone consultation.

We are excited to announce that Andrew Dansicker was one of only a handful of Baltimore metropolitan area plaintiff's employment attorneys recognized last week in the Baltimore Sun and Washington Post as a Top Rated Lawyer as chosen by LexisNexis Martindale-Hubbell, the company that has long set the standard for attorney peer review ratings. The ratings were published in a special section recognizing those attorneys who have attained AV Preeminent rankings by Martindale-Hubbell. Mr. Dansicker was also quoted in the Baltimore Sun earlier last week in an article about the pending sexual harassment case involving John Leopold.

We frequently represent federal employees, including federal employees working for Social Security, Postal Service, Army, Navy, Homeland Security and other federal agencies, in various EEOC matters, including discrimination, sexual and racial harassment and retaliation. We are happy to report that in the span of a short period of time, we have been able to help several USPS employees who were treated disparately and unfairly. These workers turned to us at a difficult time in their lives, and we were able to provide necessary and long overdue relief. For example, in one case involving pregnancy discrimination, we successfully negotiated for relocation, payment of attorney’s fees, and a significant cash settlement. In another case involving failure to accommodate a disability, we secured the proper accommodation, restoration of leave, and a cash settlement. Importantly, our clients achieved closure and have been able to successfully resume their careers with the Postal Service.

Our firm has represented hundreds of claimants at unemployment appeals over the last several years. While it’s sometimes difficult for a claimant to raise the fee of twice their weekly benefit amount (since most have been denied benefits and remain unemployed), we believe our representation is a critical investment. We can never guarantee a successful outcome, but we have established an excellent track record. Sometimes, a claimant tells us that they will handle the hearing on their own, but will call us if they have to appeal to the board or later, circuit court. This is a bad idea. We occasionally handle such appeals, but they are very difficult, they cost more, and they take a long time to resolve. Most people don’t realize that the lower appeals hearing before a hearing examiner is the last step at which the parties have the absolute right to present evidence. It is therefore imperative that you come fully prepared; that you have an attorney with you who knows the law, knows the procedure, knows what to do and say, and knows the pitfalls to avoid. Don’t make the same mistake so many people do who call us too late – make sure we are there to help you at the lower appeal!

In an earlier blog entry from September of 2010, we reported that when a claimant has misreported his or her wages to the Department of Labor, Licensing and Regulation ("DLLR") while seeking unemployment insurance benefits, it is difficult for us to reverse the decision. Typically, when a claimant fails to accurately report his or her earnings, the DLLR has the right to recoup any benefits paid out as a result of the inaccurate phone or web certification. Consequently, in such cases, the DLLR will issue a finding of fraud, which becomes a part of the claimant's state record. Such a finding can be troublesome to anyone seeking employment, whether in the public or private sector. We are happy to report that through our involvement in an appeal, the DLLR Board of Appeals recently issued a favorable decision that now often allows us to successfully argue for the removal of fraud. Therefore, if the DLLR is demanding for you to pay back benefits, citing that you have committed fraud, call us to help you.

Sometimes, an employer's adverse action against a worker has consequences beyond the employer/employee relationship -- consequences that can impact one's profession. For example, we regularly defend nurses before the Maryland Board of Nursing ("MBON") concerning alleged violations. When a nurse has been counseled or discharged by the employer for a work infraction, the conduct may be reported to MBON. MBON, then, often seeks to investigate the alleged impropriety and can subsequently take action, including suspending or revoking the nurse's license. This process is slow, taxing, and often stressful since the outcome of the investigation and the impact on the nurse's license is uncertain. We are often called on to assist navigating through this arduous journey because the nurse realizes the potentially serious outcome. Action against a nurse's license can severely hamper one's ability to practice, so it is imperative that you get all the help you can in order to prevail. MBON does a good job advising nurses of their right to counsel, but not everyone heeds their advice, thereby compromising their ability to defend themselves. Make sure you follow MBON's advice -- don't go it alone -- hire us to help you.

We are receiving a large volume of calls from state and federally employees with pressing employment situations. They are workers who are facing serious adverse action -- demotions, suspensions, and most frequently, terminations of employment. Our law firm has been quick to respond to these workers' needs, and we are happy to report that we have established a stellar resolution record.

In some cases, our involvement early on has resulted in immediate reversal of the employer's action. Sometimes, this can be accomplished by a phone call or a well-crafted letter. For example, we recently assisted a Baltimore County worker employed in the school system who was facing a multi-step demotion, resulting in thousands of dollars in lost income annually. We immediately stepped in and the worker's position and salary were reinstated.

In other situations, when a phone call or letter do not suffice, we arrange for face-to-face meetings with the employer, sometimes through settlement conferences, and there we are typically able to achieve an outcome that the worker and we believe is desirable and just. In one recent case involving a Maryland Department of Transportation (MDOT) employee of twenty years, we were successfully able to convince the agency to conditions and terms that the agency disclosed had not previously been agreed to for someone in a similar work position as our client. In a case involving a Baltimore City Department of Social Services (DSS) worker with a most troublesome performance record, we successfully obtained settlement that included monetary compensation and, since the worker had no desire to return to the department, the department's termination for gross misconduct was converted into a voluntary resignation with a favorable reference -- all to make sure the worker's future employment prospects, whether public or private sector, were not hampered in any way.

Amicable resolutions are unfortunately not always attainable. Therefore, in those situations where litigation is the best way to pursue a matter, our zealous representation and experience provide our clients with the voice they need and require to be properly heard and get their matters resolved. In another recent example, we assisted a long-term Baltimore County teacher with a daunting task. Because of the difficulty of the matter, we realized that the case would likely have to go to hearing. The matter settled, on the county's initiative, literally hours before hearing, with the county agreeing to our demands.

Employment terminations are unfortunately inevitable and they constantly happen. If you have been wronged and face adverse action, instead of taking matters into your own hands, call on us to help you during this critical and daunting time. Without the proper know-how and experience, your matter can be severely compromised.

So, I often tell our clients that there are three times to try to settle a case. First, before the case even begins, when we send a letter to the employer notifying them that we intend to pursue litigation against the employer if they are not willing to resolve the matter. Second, at the EEOC, either in a mediation or after the EEOC has issued a right to sue letter. Finally, after we have filed a lawsuit, and discovery has been completed and the parties are either preparing for trial or preparing for a summary judgment motion. In the past three months, we have settled nine cases -- three settled after discovery was completed and the employer had either lost their summary judgment motions, or were preparing for summary judgment. Three settled at the EEOC, and three settled before we even filed with the EEOC. While some attorneys do not believe in trying to settle cases before litigation, we believe it is up to the client -- many of our clients don't want to wait two to three years for the EEOC to conduct its investigation, and for the litigation process to wind through the courts. They are not interested in striking the jackpot; rather, they just want to be treated fairly and shown respect. And for them, that generally means negotiating the equivalent of a severance agreement as a resolution to their potential discrimination claims. So, if you are in that position, give us a call and we will talk to you about your options and what we can do to assist you.

In the past six months, we have started expanding our employment law practice to represent federal, state and local government employees in administrative hearings, typically terminations, demotions or disciplinary actions, such as suspensions. We successfully represented a client through an internal Social Security Administration administrative appeal concerning serious disciplinary charges relating to alleged sexual harassment of a coworker. We also successfully represented a federal employee with more than 20 years experience who was improperly discharged -- he was reinstated, his record was cleared of any wrong-doing, he was transferred to a more desirable location, and his attorneys' fees and costs were reimbursed. Finally, we have assisted several nurses in investigations before the Maryland Board of Nursing. In one particularly compelling case where very serious charges of sexual misconduct were brought against a nurse that could have resulted in license revocation, we were able to successfully negotiate charges to a reprimand. If you are a teacher, a nurse, an administrator, or any other type of government employee, and you are facing an administrative hearing at the Office of Administrative Hearings or with an internal board or panel, give us a call so we can discuss your case.

So, sometimes you take a "little" case on principle, and the outcome turns out to be better than you expect! In April 2009, we filed suit in Baltimore County Circuit Court to obtain about seven thousand dollars in overtime wages under the Maryland Wage Collection Law that a small construction company failed to pay to our client. In a nutshell, the company required our client to come to the corporate office, pick up his assignments and supplies and tools, and then travel from worksite to worksite, but only paid him for the time he spent working at each worksite. After much delay and several attempts to have the case thrown out of court, we went to trial before Judge Bollinger in September 2010, and in October 2010 he issued an opinion ruling in our favor. Well, it took awhile, but yesterday we received his decision awarding nearly $8,000 in overtime wages to our client, and awarding us more than $18,000 in attorneys' fees and costs! Now, of course, we have to try to collect the monies, but it still feels like a sweet victory!

We frequently get questions about how to file an appeal of a denial of unemployment benefits, and questions about what we charge to handle such appeals hearings. As for filing an appeal, the most important thing is to file your appeal in a timely manner, and to have proof that you have done so. If you file your appeal by fax, make certain that you have a confirmation page showing that the fax was successfully transmitted. If you file your appeal by mail, make certain you do so by certified mail. We usually advise people to simply write, "I disagree with the decision denying my unemployment benefits, and I would like to file an appeal and have an in-person hearing." We don't suggest explaining why you think the initial decision was wrong, because you might say something that can be held against you later in the appeals hearing. Once you get your hearing notice, with the date and time and location of your hearing, call us so we can see if we can assist you.

As for fees, we got a telephone call today from a claimant who read one of our previous blogs and thought that we only charged one and one-half times the weekly benefit to handle an unemployment appeals hearing. That is now incorrect, so we need to clarify that the Maryland legislature changed the fee schedule earlier this year, so our fee is now two times the weekly benefit. Thus, if your weekly unemployment benefit payment is $340, then our fee for handling your unemployment appeals hearing will be $680. We never charge more than 2x your weekly benefit payment.

If you have any questions about the unemployment appeals process, give us a call and we will try to assist you.

We've been noticing a significant uptick in the number of persons contacting us looking for representation relating to internal grievance proceedings, administrative law proceedings and internal appeals, primarily for government employees but also for some private employees. Sometimes, as with employees of the Board of Education or public universities, these hearings may be held internally, and sometimes, as with Maryland state agencies, these hearings may be held at the Office of Administrative Hearings in Hunt Valley, Maryland. It is important to keep in mind that these hearings tend to be held on a fairly short time frame, involving an intense amount of work preparing for the hearing, so if you need an attorney for such a hearing, please contact us as soon as possible before the hearing -- waiting for the last minute is not wise!