Recovering What You Are Owed After Termination
Whether it’s unpaid commissions, misclassification as "exempt" to avoid overtime, or final paychecks withheld after a dispute, wage theft is illegal. In Maryland, the law is exceptionally strong, often providing for up to three times the amount of unpaid wages plus attorney's fees.
We represent professionals who have been shortchanged and then fired for questioning their compensation. We don’t just look for the missing wages; we pursue the statutory penalties designed to punish employers for acting in bad faith.
The Maryland Wage Payment and Collection Law (MWPCL) is one of the most powerful statutes for employees in the country. It allows for "treble damages"—up to three times the amount of wages withheld—plus attorney’s fees if an employer cannot prove a "bona fide dispute" for withholding pay. This applies to final paychecks, earned commissions, and certain bonuses.
Federal law under the Fair Labor Standards Act (FLSA) governs overtime pay (time-and-a-half) and minimum wage. We focus on the intersection of these laws, particularly in cases of "misclassification," where an employer labels a professional as "exempt" from overtime to avoid pay requirements and then terminates them when the issue is raised.
Our Wage & Overtime Attorneys
Attorney
Nathan Holliman
Nathan Holliman is an attorney at Fortis Employment Law specializing in high-stakes employment disputes. A Peggy Browning Fellow with an elite background in Alternative Dispute Resolution (ADR), Nathan leverages sophisticated negotiation strategies to secure leverage and results for recently terminated Maryland professionals.
FAQs
Do I still have a claim if the company paid me the late wages after I complained?
Yes. Under Maryland law, if your wages were withheld without a "bona fide" dispute, you may be entitled to up to triple the amount of the original unpaid wages as a penalty, even if they eventually paid the base amount.
What if I was misclassified as an "independent contractor"?
Labels don't matter; the reality of your work does. Many Maryland professionals are misclassified to save the company money on overtime and benefits. If you were fired after questioning your W-2 status, that's often a high-value retaliation case.
Can my employer fire me for complaining about my pay?
No. Both Maryland and federal laws have strict anti-retaliation provisions. If you were terminated for asserting your rights under the Maryland Wage Payment and Collection Law, you likely have a claim for both your unpaid wages and wrongful termination.