Legal Question in Disability Law in Maryland

fired unjustly and without cause

I am a 47 yr old single mother who was fired because my employer thinks I might have a physical problem. 18 mos ago I was hired in customer relations. Evidently, he was happy with my work as he raised my salary from $30,000 to $42.000. Several months ago his personal secretary died unexpectedly and asked if I would take over her duties. It was rough but I did not complain. It was a relief when he decided to hire someone - the new hiree lasted two days. Quit because of his abuse - she was just one of many new hirees who left after a few days. Once again I was left with both job and in Dec i started having headaches. After some tests, doctor recommened physical therapy. Om the 22nd of Dec I informed my employer that it was nothing serious (he asked if he was the cause of it) but would require some time off (mot days just a cou;e of hrs which i could do during lunch. The day after xmas I reported to work and was told to go home. Learned that he had put an ad in the paper the day he learned I might have a problem. time taken off in 18 mos (2 sick,2 vacation) He had promised all employees a xmas bonus which i did not get.kmow the men got it. Md's ''af will'' clausw -should I have been notified of this.

Asked on 1/03/06, 2:46 am

1 Answer from Attorneys

Jay Holland Joseph, Greenwald & Laake, P.A.

Re: fired unjustly and without cause

From the information provided, it is difficult to provide a detailed response, however several laws may be implicated in your situation. If you had a serious medical condition, and your employer had more than 50 employees, then the FMLA (Family and Medical Leave Act)could provide you with a remedy. Also, if you are suffering from a disability, or your employer perceived you as suffering from a disability, you may have protection under the federal and State versions of the ADA (Americans with Disabilities Act). Finally, if you were treated in a disparate fashion from male employees in the terms and conditions of employment, including pay of bonus, you may be protected by the State and federal sex discrimination laws.

You may contact me if you wish to provide additional information.

Jay P. Holland

[email protected]

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Answered on 1/03/06, 10:06 am

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