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Statute of limitations on wrongful termination in maryland,

Customer Question
Statute of limitations on...

Statute of limitations on wrongful termination in maryland

Lawyer's Assistant: Was this retaliation? Or based on race, religion, age, gender, disability, or national origin?

Employee was instructed to violate maryland comar for compliance for several months and he was forced to resigned because his lic was inijeopardy

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

Fulltime education director(principal) for a charter school in maryland

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Employee was also instructed to assume another salaried position concurrently for 9 months but not compensated. employee went out on fmla and then resigned and wants to file wrongful termination, breach of contract, false light, maryland wage violation, intentional infliction of emotional distress, respondeat superior as causes of action.

Submitted: 1 year ago.Category: Employment Law
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Answered in 5 minutes by:
7/30/2017
Employment Lawyer: Ray, Employment lawyer replied 1 year ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,863
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 1 year ago

Here Maryland law does not permit a court action to be filed under state law, and because the federal courts in Maryland are generally not considered to be employee-friendly, many Maryland attorneys choose to file employment discrimination cases in state court using county law if you work in Prince George's, Montgomery or Howard counties.

In Baltimore County, there is a right to sue in court if your employer has fewer than 6 employees, and the law limits the damages you can recover. A case filed in state court using federal law may be subject to "removal," which means that a defendant employer requests to move the case to federal court, because it involves a federal statute, such as Title VII or the ADEA.

The EEOC must first issue the document known as "Dismissal and Notice of Rights" or "Notice of Right to Sue," (Form 161) before you can file a case based upon your federal claim. A lawsuit based on your federal discrimination claim must be filed in federal or state court within 90 days of the date you receive the notice. (Be sure to mark down that date when you receive it.).

In Montgomery, Prince George's, and Howard counties, you may file a case in court based upon your county claim no later than two years after the discriminatory act occurred, but no sooner than 45 days after filing a complaint with the county agency. Different deadlines may apply in other cities and counties.

These deadlines are called the statute of limitations.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 1 year ago
went to eeoc and they said harrassment generally but no other claims. and the deadline was 30 days right to sue which has already passed so can i file the other claims in state court anyway?
Employment Lawyer: Ray, Employment lawyer replied 1 year ago

Yes you can try here as your legal remedy in this matter.I wish you the best here.

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