The Law Firm of Stephen S. Burgoon The Law Firm of Stephen S. Burgoon 2026-07-15T18:19:39Z https://www.sburgoonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304372/2020/10/cropped-favicon-1-32x32.png On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[Recognizing remote harassment in the age of Zoom and Slack]]> https://www.sburgoonlaw.com/?p=48425 2026-06-30T14:38:55Z 2026-07-08T14:35:31Z What digital harassment looks like Inappropriate workplace behavior can happen online, not just in person. Even when working remotely, following professional ethics is still important. It is vital to recognize what kind of virtual conduct can create a hostile work environment, including:
  • Rude comments about someone’s appearance in group chats
  • Offensive background content or suggestive gestures during Zoom meetings
  • Flirty or sexual messages on Slack or Teams
  • Explicit memes on online team forums
  • Unwanted and vulgar emails from a coworker
  • Intrusive social media tracking, such as a peer or supervisor using work connections to stalk your personal accounts
When management fails to address these virtual behaviors, they open the door to serious legal liability under Maryland law.

Crucial steps to protect your claim

If you get unwanted advances while working remotely, documenting everything is vital. Save screenshots of messages and note the date and time of any inappropriate video call behavior. Doing so can help support your claim. Internally reporting the harassment to your human resources (HR) department or a supervisor can also show that you gave your employer a fair chance to stop and correct the behavior. You also need to submit a discrimination charge with the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC).

Your safety and boundaries matter

Your virtual office is still a workplace, and working from home does not mean you have to tolerate harassment. Addressing digital harassment helps protect your rights as a worker while encouraging employers to uphold a professional and safe virtual work environment. A lawyer can help you pursue your claim and represent you if your case goes to court.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[Decoding discriminatory language in your performance review]]> https://www.sburgoonlaw.com/?p=48423 2026-06-11T11:30:19Z 2026-06-11T11:30:19Z Recognizing biased language Discriminatory reviews often use coded language that targets protected traits. You might see comments about your "cultural fit" or "communication style" that actually reference your race or age. Supervisors may describe women as "too emotional" or "not assertive enough," while men receive praise for the same behaviors. Maryland law prohibits employment discrimination based on the following for employers with 15 or more employees:
  • Sex
  • Age
  • Religion
  • Marital status
  • Race, color or national origin
  • Sexual orientation and gender identity
  • Disability
However, harassment protections do apply to employers of any size. Pay attention to vague criticisms that lack clear examples. If your review mentions personality traits or vague qualities instead of measurable work performance, this raises concerns.

Red flags to watch out for

Certain patterns in your performance review may show discrimination. Look for these warning signs:
  • Sudden negative reviews after disclosing a pregnancy or requesting accommodation
  • Comments focusing on your appearance, accent or personal life
  • Reviews that contradict your actual work results or previous evaluations
  • Harsher criticism compared to colleagues in similar positions
If you notice any of these patterns, your review may reflect bias rather than legitimate performance concerns.

Steps employees can take against discriminatory practices

Maryland law gives employees the right to work free from discrimination. If that right is violated, you have the right to pursue legal remedies. These remedies may include compensation for lost wages, emotional distress and other damages. Non-economic and punitive damages have legal caps based on the size of the employer. Documentation creates a clear record of the situation. Save copies of your performance reviews, emails and any written feedback. Note specific comments, who made them and when they occurred. This evidence can prove patterns of discrimination that may otherwise be dismissed as isolated incidents. Strong documentation also protects you if your employer tries to justify unfair treatment or retaliate against you for raising concerns.

Protecting your rights in the workplace

Reading a performance review filled with biased language can leave you feeling powerless. However, you have more control than you might think. By recognizing discriminatory language and understanding your legal options, you can take back control of your career. You deserve a workplace that values your contributions and judges you fairly.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[What if HR ignores your sexual harassment complaint?]]> https://www.sburgoonlaw.com/?p=48421 2026-05-13T09:20:55Z 2026-05-13T09:09:38Z may expect human resources to take your sexual harassment complaint seriously. However, some employers delay investigations, dismiss concerns or fail to respond at all. When that happens, the lack of action can create additional legal issues for the company and may affect your workplace rights.

What protections apply under Maryland law?

Both federal and Maryland laws prohibit workplace sexual harassment. Under Equal Employment Opportunity Commission (EEOC) guidelines and Title VII of the Civil Rights Act of 1964, employers generally must respond to harassment complaints and take reasonable steps to stop harmful conduct. Maryland law also provides added protections in some situations. Maryland law may apply even when federal law does not, especially for smaller employers. As a result, employees may have protections under both systems depending on the facts. Key legal frameworks may include the Maryland Fair Employment Practices Act, which prohibits workplace harassment and often applies to employers with one or more employees and Title VII, which bans sex-based harassment and retaliation for employers with 15 or more employees. Anti-retaliation rules under both state and federal law also generally protect workers who report harassment or discrimination.

How can HR inaction affect your case?

An employer typically has a responsibility to look into complaints in a timely and fair way. If HR ignores your report or responds in a dismissive manner, that response can become an important part of how the situation is later reviewed. For example, poor handling of a complaint may include:
  • Ignoring emails, written reports or witness statements
  • Delaying interviews or failing to start an investigation on time
  • Downplaying repeated comments, physical touching or other inappropriate behavior
  • Punishing you after you report harassment
  • Discouraging you from making additional complaints
These actions may suggest that the employer did not properly address workplace misconduct. Additionally, retaliation after a complaint may support a separate legal claim under Maryland or federal law.

What steps can help protect your rights?

If HR does not respond, you may still have options. Keeping clear records often helps you preserve important details about what happened. You might consider keeping:
  • Copies of emails, text messages or formal complaints
  • Notes about dates, times and possible witnesses
  • Records of meetings with supervisors or HR staff
  • Information about schedule changes, discipline or other workplace actions after your complaint
You may also file a formal complaint with the Maryland Commission on Civil Rights (MCCR) or the EEOC. Filing deadlines usually apply, so timing may matter when preserving your claims.

When silence from HR raises concerns

A workplace sexual complaint generally deserves attention and review. When HR ignores reports of sexual harassment, you may feel isolated or unsure about what steps to take next. Even so, Maryland and federal laws may offer ways to help you understand your rights, address workplace concerns and consider possible next steps.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[4 gentle steps after workplace harassment]]> https://www.sburgoonlaw.com/?p=48414 2026-04-21T07:09:28Z 2026-04-21T07:06:18Z Keeping a personal record In Maryland, unwanted sexual conduct does not have to be “severe” to be unlawful. Local laws take even subtle or recurring behaviors that create a hostile environment seriously. It is often helpful to write down the details of what happened while your memories are fresh. Keeping this account in a private journal or on a personal phone – rather than a work computer – helps ensure your story stays under your control.

Saving communication

If the harassment involved texts, emails or messages, taking screenshots or saving copies can provide a clear timeline. These records act as a quiet but powerful witness to your experience.

Finding a confidential advocate

Speaking with a legal professional who understands these sensitive cases can offer much-needed clarity. An advocate can explain your protections under Maryland’s Fair Employment Practices Act. They can help ensure that you are not standing alone against a supervisor or a large company.

Confiding in a safe space

Reaching out to a trusted friend or a health care professional can provide the emotional support needed to process the stress and stay grounded.

Your voice matters

You deserve to work in an environment defined by respect, not fear. Taking the time to understand your rights is a profound act of self-advocacy. While the road ahead may feel uncertain, remember that the law is on your side. You have the right to be heard, and you have the power to seek the respect you deserve. Most importantly, there are people ready to stand with you every step of the way.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[How female professionals in Maryland can fight the pay gap]]> https://www.sburgoonlaw.com/?p=48400 2026-04-20T17:00:33Z 2026-04-18T19:11:55Z The pay gap has been a persistent issue for as long as women have been able to enter competitive industries as employees. Companies often discriminate when deciding who to hire, what advancement opportunities to offer and what to pay their workers. There are multiple federal laws that require wage equality and prohibit discrimination when making employment decisions. There are also Maryland state statutes that apply in wage discrimination scenarios. These laws do not automatically end sex-based pay discrimination. A report based on state data from 2024 found that women make $0.86 for every dollar men in similar roles earn. Female professionals who learn that their male coworkers in similar positions earn more than they do may potentially have a right to take legal action to address the wage discrimination they have experienced.

What Maryland laws protect workers?

Maryland’s Equal Pay Act, also called the Equal Pay for Equal Work Act, prohibits employer discrimination based on sex when determining the compensation that workers receive. Historically, women have received lower wages than male professionals in similar roles with relatively similar credentials. However, the law is sex-neutral, which means neither men nor women should receive preferential wage consideration from Maryland employers. The law also imposes transparency requirements on employers that mandate the disclosure of salaries and wages for all employees. It also prevents employers from demanding a pay history from professionals before hiring them. Finally, the Equal Pay Act prohibits employers from offering one sex less favorable employment opportunities than the other.

How to address sex-based wage discrimination

Under transparency rules, workers can discuss their wages with one another, which may lead to women learning that their male coworkers earn more than they do. In that situation, they may be able to take legal action against their employers seeking compensation for the discrepancy in pay and any lost opportunities related to discrimination. In 2024, four female employees brought a successful claim against a Maryland psychiatric center because a male subordinate earned more than they did. Female professionals hoping to follow suit and hold their employers accountable may need detailed information about what other professionals at the company earn for similar work. They may need to attempt to resolve the issue with their employer through direct negotiations before taking legal action. Reviewing company practices and wage history with an employment law attorney can help workers who have experienced sex-based wage discrimination fight back. The successful wage claim can compensate specific professionals and force a company to change its practices.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[Why did my pay change without warning—is that legal?]]> https://www.sburgoonlaw.com/?p=48390 2026-03-09T12:55:18Z 2026-03-09T12:55:18Z Pay rate changes happen forward, never backward An employer can change your hourly rate or salary for future work, but they cannot just "tell you" and apply it immediately. Maryland law requires employers to give you at least one full pay period of advance notice before any decrease in your wage rate. Furthermore, Maryland law strictly protects pay you already earned. If you finished a pay period at one rate, your employer cannot legally cut that rate after the fact. They must pay you the rate that was in effect at the time the work was performed.

In IT, "rate" means more than just salary

Your paycheck often involves a complex mix of components. In Maryland, "wages" are defined broadly and include:
  • On-call premiums and shift differentials
  • Stipends and call-back pay
  • Project-based bonuses or nondiscretionary incentives
If your employer promised these amounts for work you already completed, you have a right to them. If they are missing, start with your offer letter, bonus plan, or written policy. These documents often control the answer, and your employer cannot retroactively revoke a promised bonus for work already done.

Schedule shifts and "exempt" status surprises

Sometimes your pay drops because your hours change, not your rate. A new schedule can erase overtime, shift differentials, or on-call windows. While schedules can change, the one-pay-period notice rule still applies if the change results in a lower hourly wage rate. Additionally, a change from hourly to salary (or vice versa) can trigger paycheck gaps. Beware of the myth that a "salary" means "no overtime." In Maryland, simply being on a salary does not make you "exempt." You must also meet specific duties tests (Executive, Administrative, or Professional). If your duties have not changed but your overtime pay has disappeared, you may have a wage claim.

Where this leaves you

So, is it legal in Maryland? Your employer can change your pay going forward, but only after providing a full pay period of notice. They generally cannot take back wages you have already earned. If they cannot provide that notice or are withholding earned wages, consider getting help from someone who can press for treble damages (up to three times the unpaid wages) and negotiate a resolution.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[2 signs of wrongful termination under Maryland law]]> https://www.sburgoonlaw.com/?p=48336 2026-02-12T09:50:25Z 2026-02-12T09:50:25Z Adverse action following protected activity or workplace complaints Timing can matter. Problems may appear when negative treatment starts soon after you raise concerns or use legal rights. Protected activity may include reporting harassment, raising safety issues, requesting leave or joining an investigation. Maryland law may limit actions that look like punishment for protected conduct. You may notice signs such as:
  • Discipline that begins after you report concerns
  • New criticism that conflicts with earlier feedback
  • Reduced duties that follow your use of workplace rights
  • Responses that discourage future reporting
One event alone may not show wrongdoing. Still, a clear pattern may raise questions.

Employer decision involving discriminatory or unlawful motives

Another possible sign involves reasons tied to protected traits or public policy limits. You may question a decision when treatment differs from that of coworkers in similar roles. Changing explanations may also raise concern. Maryland law may restrict decisions based on race, sex, disability or other protected traits. Public policy may also protect workers who refuse illegal acts or report misconduct.

What to review when wrongful termination concerns arise

Not every job loss signals a legal issue. Yet certain patterns may suggest deeper concerns. By recognizing warning signs linked to retaliation or improper motives, you may better understand whether your situation could involve potential wrongful termination issues under Maryland law. Helpful records may include written complaints, emails or messages with supervisors, performance reviews, disciplinary notices, witness statements or a timeline of key events. Clear documentation may help you review facts and understand possible next steps.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[Handling employment status changes after a pregnancy announcement]]> https://www.sburgoonlaw.com/?p=48337 2026-02-07T02:14:31Z 2026-02-07T02:14:31Z Recognizing common changes to job status Discriminatory changes often appear shortly after an employee announces their pregnancy to a supervisor or human resources. These shifts can range from minor scheduling tweaks to significant losses in authority or income. Being able to identify these patterns early can help you determine if your employer is acting unlawfully. These signs may indicate that your employer is reacting unfairly to your announcement:
  • Your manager suddenly assigns your most important accounts to other colleagues
  • You receive a negative performance review that does not match your previous history of high-quality work
  • Your supervisor stops including you in strategic planning sessions or long-term project meetings
If you experience these issues, it is helpful to keep a private record of when they began. Comparing your current treatment to how you were treated before the announcement can provide clear evidence of a problem.

Accommodations and your right to stay working

Under the Maryland Pregnant Workers Fairness Act, employers must provide reasonable changes to help you do your job. These adjustments ensure that you can continue working safely without risking your health or the health of your pregnancy. Your employer cannot force you to take leave if a simple change would allow you to stay on the clock. There are several ways an employer can adjust your workplace environment:
  • Offering a stool or chair for roles that usually require long hours of standing
  • Granting more frequent breaks for rest, water, or restroom use
  • Modifying your lifting requirements to avoid heavy physical strain
  • Adjusting your work hours to accommodate morning sickness or medical appointments
  • Moving your workspace to a different area of the office for better accessibility
You have the right to request these changes through an interactive process with your boss. If they refuse a request that does not cause them significant hardship, they may be violating state labor laws.

Protecting your career and income

It is illegal for an employer to demote or fire you simply because you are expecting a child. Maryland workers are protected from "adverse actions" that target their employment status due to pregnancy or childbirth. If your role changes in a way that reduces your pay or title, you have the right to seek a legal explanation. Consider sending a follow-up email after your announcement to confirm the conversation in writing. Also, request a written explanation if your duties or hours are suddenly reduced. Taking these steps helps ensure your professional standing remains secure. Taking proactive steps helps create a clear paper trail of your professional journey. This documentation is vital if you ever need to prove that your status changed because of your pregnancy rather than your job performance.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[The fear of retaliation: your legal rights when reporting a supervisor]]> https://www.sburgoonlaw.com/?p=48338 2026-02-07T00:54:17Z 2026-02-07T00:54:17Z Defining workplace retaliation Retaliation happens when an employer takes a negative action against an employee for engaging in protected activity. This includes filing a formal complaint or participating in an internal investigation. Some forms of retaliation are obvious while others are more subtle. Here are some examples of what retaliatory behavior can look like in a professional setting:
  • Firing or laying off an employee shortly after a complaint is filed
  • Demoting a worker or reducing their salary and benefits
  • Changing a person's work schedule to an undesirable shift
  • Excluding an employee from important meetings or training opportunities
If you notice these changes after reporting harassment, your employer may be violating the law. Documentation is the most vital tool you have to prove these actions are linked to your report.

Legal protections for Maryland workers

The Maryland Fair Employment Practices Act and Title VII of the Civil Rights Act protect you. These laws make it illegal for a supervisor to punish you for reporting harassment. You are protected even if the initial harassment claim is ultimately not proven. As long as you made the report in good faith, the law stays on your side. Follow these steps to build a strong case and protect your career:
  • Keep a detailed log of every interaction with your supervisor and HR
  • Save copies of performance reviews that show you are a good worker
  • Keep all communication on a personal device rather than a company computer
  • Contact a legal professional to discuss the specific details of your situation
These steps ensure that you have a paper trail if your employer tries to deny their actions. Strong evidence makes it much harder for a company to claim a termination was based on performance.

You’re not alone in this

No one should have to choose between their dignity and their paycheck. The law exists to ensure that your workplace remains a safe environment for everyone. If you feel targeted after speaking up, remember that you do not have to face this alone. Seeking guidance can help you understand your options and hold your employer accountable for their conduct.]]> On Behalf of The Law Firm of Stephen S. Burgoon <![CDATA[Protect Your Sales Commissions!]]> https://www.sburgoonlaw.com/?p=47714 2022-06-13T10:49:55Z 2021-03-31T20:26:05Z IBM could adjust the amount of any commission at its sole discretion. Because IBM never promised Martignetti that he would be paid a particular commission rate, unpaid amounts under the Plan’s formula cannot be considered “wages” under the MWPCL.”  Martignetti v. International Business Machines Corp., No. 19-2228 (ECF 41) (4th Cir. Mar. 31, 2021) It’s tough out there, folks, so read your contract and make sure of what it says.  I’m always available to review employment contracts and to negotiate with the biggest companies on your behalf.]]>