Who is David Manuel Baña, Esq.?
David Baña is a Baltimore area employment lawyer who represents plaintiffs in employment-related civil actions. David is the proud son of immigrant parents who came to the US from Galicia, Spain, and instilled in him early on the value of a good education. David is a proud graduate of Calvert Hall College High School and received his bachelor’s degree from Loyola College in Maryland. After 13 years working in the insurance industry, David received his law degree from the University of Baltimore and now uses his skills and expertise to represent employees who have been the victims of unlawful employment practices here in Maryland.
Pregnancy Discrimination
Maryland law prohibits adverse employment actions against an employee if the employee’s pregnancy, childbirth, or related medical condition was a motivating factor in those employment decisions. Federal law also protects pregnant women from discrimination in employment under various statutes including the Pregnancy Discrimination Act, Title VII of the Civil Rights Act of 1964, and — in some circumstances — the Americans with Disabilities Act. Bringing pregnancy discrimination claims can be very complex.
Disparate Treatment
Both Maryland and Federal law prohibit discrimination in employment on the basis of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, and genetic information (including family medical history). Because Maryland is an “at-will” state, proving discrimination can be difficult and employees should consult an attorney if they believe they have suffered an adverse employment action that was at least, in part, motivated by one of the aforementioned protected categories.
Workplace Harassment
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. Harassment becomes unlawful where 1) the offensive conduct becomes a condition of continued employment (quid pro quo), or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive (hostile work environment).
Wrongful Discharge
The common-law rule, applicable in Maryland, is that an employment contract of indefinite duration, that is, at will, can be legally terminated at the pleasure of either party at any time. According to Maryland law, there is a public policy exception to the at-will employment rule for wrongful termination when the motivation for the discharge contravenes some clear mandate of public policy. For an at-will employee to establish wrongful termination the employee must be discharged, the basis for the employee’s discharge must violate some clear mandate of public policy, and there must be a nexus between the employee’s conduct and the employer’s decision to fire the employee.
Wage and Hour
There are various Maryland State and Federal labor laws designed to ensure the correct and timely payment of wages. They include laws that govern employer conduct with respect to the minimum wage, overtime pay, deductions from pay, recordkeeping, child labor, family and medical leave, migrant and seasonal worker protections, worker protections in certain temporary guest worker programs, and the prevailing wages for government-funded service and construction contracts.
FMLA Rights and Other Leave
The FMLA provides that eligible employees of covered employers have a right to take job-protected leave for qualifying events without interference or restraint from their employers and without being retaliated against for exercising or attempting to exercise their FMLA rights. An eligible employee has the right to have group health insurance maintained during a period of FMLA leave under the same terms and conditions as if the employee had not taken leave and has the right to be restored to the same or an equivalent position at the end of the FMLA leave.
The FMLA also gives employees the right to file a complaint with the Wage and Hour Division, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner
University of Baltimore School of Law – J.D., Cum Laude
Loyola College in Maryland (now Loyola University Maryland) – B.A. Economics, Cum Laude
Calvert Hall College High School
Boys’ Latin School of Maryland
David was born and raised in Baltimore and has lived here nearly his entire life. His parents came to the US from Galicia, the northwest autonomous region of Spain known for its rich Celtic history and traditions. As a boy, David spent several summers in Spain, and his time there influenced him in a very positive way. There he learned what it meant to be a Gallego.
Gallego Galle·go | \ gə(l)ˈyā(ˌ)gō \ plural -s very kind and giving; always there for the people they are close to; some of them are not very bright, others are the complete opposite; all very talented; usually religious. –Urban Dictionary.
David still visits family in Spain as an adult although not quite as often as he would like.
Before becoming an attorney, David found success in the insurance industry as an independent health insurance broker. While he enjoyed the work, he was spending more and more time away from his insurance practice to help his wife with her law practice. It was his wife, Tonya Baña, Esq., that inspired David to become an attorney. Tonya is an amazing attorney with impeccable credentials and is hands down one of the best employment lawyers in Maryland.
David saw first hand the positive impact Tonya was having in the lives of clients and knew he had to become part of this important profession. David and Tonya often collaborate on cases together.
David lives in Baltimore City in the Guilford neighborhood with his wife and their Shih Tzu Connie. David enjoys home improvement and in his spare time likes to take on minor repairs and small projects. His home, at nearly 100 years old, keeps him busy in that regard. When he is not tooling away installing the latest gadget for his home, David — along with his wife Tonya — also enjoys collecting art from up and coming artists. On the weekend, you will likely find David sparking up the grill and experimenting with grilling different foods while listening to 90’s music.
David Baña, Esq. is barred in Maryland State and Federal Courts.
If you are interested in having David Baña, Esq. represent you in a potential or ongoing legal dispute with a current or former employer feel free to reach out using the contact information below. Before you call or email to schedule a consultation you should do the following:
- Lawfully gather as many documents as you can concerning your employment and/or your dispute.
- Organize those documents and scan them if you can.
- Write down the names and contact information of all potential witnesses to the events that led up to the unlawful employment practice(s).
- Be prepared to be able to articulate exactly what adverse employment action you suffered, the events — in chronological order — that led up to the adverse action, and why you think the adverse action violated the law. It may help to write this down.
***Nothing on this website should be construed as legal advice. This website is for advertising purposes only and does not establish an attorney-client relationship.***
Telephone
(443)-742-2390
Address
Law Office of David Baña, Esq.
4305 Saint Paul Street
Baltimore, MD 21218