If you are facing legal issues at work, you need solid advice. If you are experiencing discrimination, harassment, or a failure to pay wages or overtime, you need strong representation. Bruce M. Luchansky, Esq., of Luchansky, P.A. has practiced law in Baltimore for 25 years. He is fully committed to aggressively representing your interests and achieving a successful resolution of your job-related claim. If we accept representation in your case, we will pursue all appropriate steps necessary to ensure that you receive the best results possible.

Contact Baltimore attorney Bruce M. Luchansky, Esq. today at 410-690-4608, if you or a co-worker needs legal assistance with any of the following matters:

• Discrimination, retaliation, or termination related to any of the following:
  • Age
  • Race
  • Gender
  • National Origin
  • Disability
  • Taking Leave under FMLA
• Failure to Pay Proper Over-Time Wages
• Sexual Harassment
• Unpaid Wages, Bonuses, or Commissions
• Wrongful Termination
• Non-Compete Agreements and Disputes
• Severance Pay Claims

If you or someone you know needs the help of an experienced employment attorney, call Bruce M. Luchansky, Esq. today at 410-690-4608, or complete the contact form provided on this site to schedule a free consultation.

Practice Areas

Employment Law:
Employment law is a well-established body of statutes and judicial decisions covering all rights and obligations within the employer-employee relationship, including current employees, job applicants and former employees. It covers a wide range of legal issues, ranging from employment discrimination and wrongful termination to matters involving wages and workplace safety. Many employment law issues are governed by applicable federal and state employment law, but a number of issues are determined according to basic contract law.

Employee Rights:
All employees have basic rights arising from both state and federal laws. Some of these rights include: the right not to be subjected to discrimination on the basis of race, national origin, skin color, gender, pregnancy, religious beliefs, disability, age, and in Maryland, marital status or sexual orientation; the right to a workplace free of harassment; the right to be paid at least the minimum wage as provided by federal or state law; the right to overtime wages as provided by federal or state law; the right to a safe workplace and the right to take leave to care for a personal or family member's serious illness, or following the birth or adoption of a child.

Employment Discrimination:
Discrimination generally occurs when an employee is intentionally treated differently because of race, color, religion, national origin, disability, gender, age, and in Maryland, marital status or sexual orientation. Employment discrimination claims may be prosecuted under various state and federal statutes. Even if the employee’s evidence is sufficient to show discrimination, however, an employer may be able to justify a particular job action by demonstrating that such treatment arose out of business necessity, or that a legitimate job qualification required consideration of factors that had an unintentional discriminatory effect. When the employer makes such a legitimate justification, the employee must show that discrimination, not the employer’s justification, was the true reason for the action. This analysis can be complicated – and the assistance of an experienced attorney is crucial to determining whether your rights have been violated.

Age Discrimination:
It is unlawful for an employer, employment agency or labor union to discriminate in employment on the basis of age. This includes refusing to hire an individual or firing an employee. It also includes an individual’s compensation, the terms, conditions, and privileges of his or her employment, and all employee benefits.

Disability Discrimination:
Both the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 protect individuals with disabilities from employment discrimination. An individual with a disability is defined as someone who has a physical or mental impairment that substantially limits a major life activity, has a record of having such a physical or mental impairment, or is regarded as having such impairment. The term is broadly defined to include any physiological, mental or psychologically-based impairment, but it does not include mere physical characteristics or cultural, environmental, or economic impairment—the impairment must cause a substantial limitation to a major life activity. Temporary conditions, such as a broken arm or the flu, would not be considered substantial limitations amounting to a disability entitled to statutory protection.

Wrongful Termination:
Termination of employment cannot be classified as "Wrongful Termination" unless it is in violation of some fundamental public policy, as set forth in a state or federal statute, regulation or constitutional provision. Examples of Wrongful Termination include situations where:

• An employee is discharged for failure to comply with an order to perform an act that violates some law, ordinance or regulation, or
• An employee is discharged in retaliation for complaints about conduct by the employer that he or she believes to be unlawful, e.g., failure to pay overtime, or failure to comply with safety regulations.

Sexual Harassment:
Sexual harassment claims are based upon being subjected to unwanted and unwelcome sexual behavior. It involves a broad range of conduct, including such verbal harassment as derogatory comments, explicit sexual comments and descriptions of sexual exploits, leering or requesting sexual favors. The term also describes physical harassment, ranging from inappropriate touching to outright sexual assault. In order to be classified as illegal the conduct in question must be both unwelcome and offensive to the victim.

Sexual harassment is a form of sexual discrimination, prohibited in employment settings under Title VII of the Civil Rights Act of 1964. Title IX of the 1972 Education Act makes sexual harassment in schools or other educational settings unlawful. The Federal Fair Housing Act also provides protection against sexual harassment, and most states have enacted legislation making it unlawful.

Overtime Compensation:
Under both State and Federal law employers are required to pay additional compensation to eligible employees who work more than forty hours during any seven-day period. For every hour over forty hours in any given workweek the employer must pay the eligible employee at least one and one-half times the employee's ordinary hourly rate. Employees who do not receive payment of the overtime compensation to which they are entitled may recover twice the amount of their unpaid overtime wages for the past two or three years, plus attorneys’ fees. Employers are prohibited by law from retaliating against employees who file overtime claims.

Severance Agreements:
A severance agreement is a form of settlement agreement under which an aggrieved employee agrees to accept an agreed sum of money in exchange for, among other things, abandoning all claims against the employer. Where mutually agreeable terms can be negotiated, a severance agreement can save money and aggravation for both sides. Severance agreements commonly include such provisions as "mutual non-disclosure of terms," an agreement that the employee will not compete against the employer, and that neither the employer nor the employee will make negative comments about the other.

Trade Secrets Agreements:
Employment contracts frequently contain provisions for the protection of the employer’s “trade secrets.” These may range from customer data of one kind or another, to company designs, or even “secret recipes.” Typically, the Trade Secrets clause of an employment contract will provide for “liquidated” damages in the event of disclosure of the information. Liquidated damages are a set dollar figure agreed-upon in advance, to be paid in the event the contract clause is violated.

Non-competition Agreements:
Non-competition agreements may be stand-alone agreements, or they may simply be provisions contained within an employment contract, which restrict the activities of an employee after leaving the service of the company. Courts treat non-competition agreements with suspicion—with an eye toward preventing unnecessary and unreasonable interference with a person’s livelihood after severance of the employer/employee relationship.

The Courts will often decline to enforce “unreasonable” non-competition agreements, depending on the scope and duration of the agreement. Consultation with an experienced employment attorney is crucial when considering whether to sign a non-competition agreement, or what to do upon leaving a job where a non-competition agreement has been signed.

Whistleblower Claims:
Whistleblower Claims involve employer retaliation, sometimes to the extent of Wrongful Termination, against an employee who reports the improper or unlawful conduct of another employee or of management itself to government authorities. It is illegal for an employer to retaliate against a “whistleblower.”

Workers’ Compensation:
Workers’ Compensation is a state-run system under which employees receive various types and levels of compensation for on-the-job injuries. Generally speaking, the dollar amount of compensation in Workers’ Compensation cases is much lower than in ordinary civil actions to recover damages for personal injuries. On the other hand, the level of proof required is much lower than in a personal injury case. The claimant in a Workers’ Compensation case is not required to prove that the employer was negligent or otherwise at fault. All the claimant need establish in a Workers' Compensation case is that the employee was injured in the course of his or her employment, and that the injury was not the result of the employee's own willful misconduct.

Employment Policy Manuals and Employee Handbooks:
An extraordinarily high percentage of Employment Law conflicts arise because there simply is no established company policy on a particular issue, or the existing policy is either unknown or poorly understood. Competent Employment Law counsel can help draft a company policy manual that is both comprehensive and understandable, and an employee handbook that leaves no doubt as to what is expected from each employee, and what he or she can expect from the company.

If you or someone you know needs the help of an experienced employment attorney, call Bruce M. Luchansky, Esq. today at 410-690-4608, or complete the contact form provided on this site to schedule a free consultation.

In re: Freedom NY, Inc., obtained award of $5,907,654 before Board of Contract of Appeals for government contractor.

Haaland, et al. v. Tinaa Services Corp., obtained $340,000 arbitration award for wrongfully terminated employees.

Fadel v. Yale Sportswear Corporation, obtained $186,000 judgment for wrongfully terminated employee.

In addition, attorneys with Luchansky, P.A. have achieved the following results for clients:

In a lawsuit which received international media attention, represented a class of over 800 plaintiffs against numerous pharmaceutical manufacturers for negligently distributing a prescription drug whose undisclosed catastrophic side effects caused the injured plaintiffs to develop life threatening diseases. Case resulted in a confidential settlement on very favorable terms to our clients.

Successfully represented a tenured senior employee in a Title VII race discrimination claim against one of the largest petroleum distributors in the United States, resulting in a confidential settlement on outstanding terms for our client.

There are plenty of lawyers out there. So why choose Luchansky, P.A.? If you care to stop by for a cup of coffee – which we invite you to do – we would be happy to tell you all of the reasons. For now, here are three:

1. We handle those issues that affect you most -- family law, employment law, and litigation matters. For most of us, our lives center around our families and our work. When problems arise in these central areas of life, we need strong, knowledgeable and professional guidance. Occasionally, disputes arise that require us to go to court – a marital or family controversy, a claim of unfair treatment at work, or a dispute over an inheritance or an estate. At these crucial times, you need hard-driving counsel that can advocate and litigate for you. Luchansky, P.A. has decades of collective experience in these areas. At Luchansky, P.A., we are Lawyers for the Life Cycle, handling those legal matters that affect you most.

2. We work for you, not the other way around. It often can seem intimidating to consult with a lawyer. People sometimes put off calling a lawyer because they are uncertain what to expect – difficult personalities based on inflated egos, uncomfortable questions, and standoffish formalities often come to mind. But not at Luchansky, P.A. At Luchansky, P.A., we are well-trained professionals who never lose sight of the fact that we are “service” professionals – we are here to serve you, not the other way around. We talk with you, not at you. We work as a team, we do not issue directives. We advocate for you, not to you. At Luchansky, P.A., the lines of communication between attorney and client are open and effective. Luchansky, P.A. – good guys, great lawyers.

3. We love what we do. We are extremely fortunate at Luchansky, P.A. Because there is nothing we would rather be doing professionally than practicing law. We love helping our clients – providing guidance, helping to solve problems, and fighting hard for your rights and to achieve your goals. When you step into the offices of Luchansky, P.A., be prepared to encounter enthusiasm and a can-do attitude. After all, people love what they are good at doing and at Luchansky, P.A., we are very good at delivering outstanding legal services. Luchansky, P.A. -- straight talk, sound advice, strong representation.

Attorney Bruce M. Luchansky, Esq.

Bruce M. Luchansky, Esq. has practiced law for more than 25 years. Before opening his own practice in 2004, Mr. Luchansky worked as a partner in a major downtown law firm, where his practice focused on employment law and civil litigation. Mr. Luchansky has represented both employees and employers in a wide variety of matters, including FLSA (wage and hour) overtime and minimum wage claims; breach of employment contract actions; claims of racial, gender, national origin, and religious discrimination; sexual harassment; Family and Medical Leave Act and other leave issues; unpaid wage, commission, and bonus disputes arising under the Maryland Wage Payment and Collection Act; drafting and reviewing agreements, including employment, non-competition, non-solicitation, confidentiality and severance agreements; and litigating employment and general business disputes.

A graduate of the University of Maryland, College Park, cum laude, Mr. Luchansky obtained his law degree from the University of Maryland at Baltimore Law School with honors, and served there as an Associate Editor of the Law Review.

Attorney Michael Golburgh, Esq.

After graduating, summa cum laude, from the University of Massachusetts at Boston, Michael earned his law degree from Northeastern University School of Law. He completed his internships at Greater Boston Legal Services (Family Law Unit), as well as with the Honorable Isaac Borenstein in the Massachusetts Superior Court, and his clinical training in the law school’s Domestic Violence Institute.

Following law school, Michael worked as an executive vice president in a Massachusetts corporation, while completing a Master of Laws in Taxation at Boston University School of Law. In that program, Michael concentrated in estates and trusts, tax controversies, and retirement plans. Michael also earned a graduate certificate in financial planning and has background in investments, insurance and retirement planning.

Prior to joining Luchansky, P.A., Michael honed his legal skills as the principal of his own law practice in the Boston area. Licensed in both Maryland and Massachusetts, Michael represents clients relative to family law matters; civil litigation; and estate, trust and will disputes.

Attorney Judd Millman, Esq.

Judd G. Millman dedicates his legal practice to the representation of employees in both state and federal court. Specifically, he focuses his practice on fighting for the rights of employees in cases involving employment discrimination on the basis of race, religion, color, national origin, gender, pregnancy or age. He also handles cases involving retaliation under Title VII of the Civil Rights Act, Family and Medical Leave Act (“FMLA”), Age Discrimination in Employment Act (“ADEA”), Americans with Disabilities Act (“ADA”) and the Equal Pay Act.

In addition, Mr. Millman has substantial experience assisting employees in identifying whether they have been the victim of an illegal pay scheme by their employer. While employees are rarely aware of it, employers often engage in illegal pay practices as a cost saving measure, which results in significant lost wages to the employees. Mr. Millman has worked together with numerous employees to identify these illegal pay schemes and fought the employer to recover all the lost wages which the employee is owed. It is important to note that in these types of cases, the employee is often entitled to recover double the wages they originally lost!

Mr. Millman completed his undergraduate studies at The George Washington University, obtaining a business degree and graduating early in three and one-half years. He then went on to law school at South Texas College of Law, where he was on the Dean’s List, awarded the Ruth R. Bettes Scholarship, and appointed a Senior Langdell Scholar.