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Can I terminate employees without violating employment laws in Maine? What are the requirements?
Requirements for Termination of Employees in Maine
In Maine, employers can terminate employees, but they must comply with certain requirements to avoid violating employment laws.
Payment upon Termination
According to MERS Section 626, an employee leaving employment must be paid in full no later than the employee’s next established payday. Any overcompensation may be withheld if authorized under section 635 and any loan or advance against future earnings or wages may be deducted if evidenced by a statement in writing signed by the employee. Whenever the terms of employment or the employer’s established practice includes provisions for paid vacations, vacation pay on cessation of employment has the same status as wages earned. All unused paid vacation accrued pursuant to the employer’s vacation policy on and after January 1, 2023, must be paid to the employee on cessation of employment unless the employee is employed by an employer with 10 or fewer employees or by a public employer.
Unlawful Employment Discrimination
Employers cannot terminate employees based on unlawful employment discrimination. According to MERS Section 4572, it is unlawful employment discrimination, in violation of this Act, except when based on a bona fide occupational qualification, to fail or refuse to hire or otherwise discriminate against any applicant for employment because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status, because of the applicant’s previous assertion of a claim or right under former Title 39 or Title 39‐A, because of previous actions taken by the applicant that are protected under Title 26, chapter 7, subchapter 5‐B or because the applicant sought and received an order of protection under Title 19‐A, section 4007; or, because of those reasons, to discharge an employee or discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment.
Arbitration before the Maine Human Rights Commission
An employee who alleges a violation of their rights under section 833, and who has complied with the requirements of section 833, subsection 2, may bring a complaint before the Maine Human Rights Commission for action under Title 5, section 4612 [2.1].
Violations and Penalties
An employer found in violation of MERS Section 626 is liable for the amount of unpaid wages and all accrued vacation pay that must be paid to the employee or employees on cessation of employment pursuant to this section. In addition, the judgment rendered in favor of the employee or employees must include a reasonable rate of interest, an additional amount equal to twice the amount of those unpaid wages and that accrued vacation pay as liquidated damages and costs of suit, including a reasonable attorney’s fee. An action for unpaid wages under this section may be brought by the affected employee or employees or by the Department of Labor on behalf of the employee or employees.
An employer found in violation of MERS Section 4572 may be subject to penalties and damages as provided in the Maine Human Rights Act.
Conclusion
Employers in Maine can terminate employees, but they must comply with certain requirements, including payment upon termination, avoiding unlawful employment discrimination, and allowing employees to bring complaints before the Maine Human Rights Commission [2.1]. Failure to comply with these requirements can result in penalties and damages.
Source(s):
Jurisdiction
Maine