Legal Question in Employment Law in Maryland

wrongful termination

I have been working as an R&D scientist at a small biotech company in MD for about a year. I am currently suspended with pay�.well, I�m not sure because HR hasn�t clarified it yet. I�m not sure how much I am receiving either. At that company, when you are leaving for good, you have to give the company 2 weeks for adjustment. Then, how about when the company is firing its employee? Doesn�t the company its employee some time for adjustment? Can the company fire anyone anytime at that spot?

I still don�t understand what I was suspended for. My boss, who is also the president of the company, doesn�t seem to like it when I don�t agree with him scientifically. I always had strong reasons when I don�t agree with him, and it always turned out I was right and he was wrong, which is all recorded in lab notebooks. I did it for the company, but not for myself. I never objected his decision when issues were not so significant. But he hated that so much, and has now personal grudge against me. The reason of my suspension was �I argue with him, and he doesn�t want a Japanese who refuses to obey him.� I asked him if there was any example in which I argued with him, and he turned out to be right. He refused to specify. Can he still fire me?


Asked on 11/13/03, 1:23 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: wrongful termination

First, regardless of the termination policy, the company can not force you to give two weeks notice, nor do they have to give it to you unless they promise to do so in the policy or a contract.

Second, if you do not have an employment contract, the company can fire you or you can quit at any time because you are employed "at will."

However, the company can not discriminate against you. If someone used the fact that you are Japanese as part of the reason to suspend and/or discharge you, that is patently illegal.

In that case, you should file a nationality discrimination claim with the EEOC. You can call the Baltimore office and go down yourself to file, or hire an attorney to help you. If you want to discuss the case and possibly hire an attorney, please feel free to call me for a complimentary consult. If you are interested in staying with the company, it may be possible to negotiate to save your job as well. (It happens that I will be out of touch from 11/14 until 11/17, but you can leave a message with your number and I will call on Monday or as soon as you would like.)

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[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.

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Answered on 11/13/03, 9:00 pm


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