Employee Discipline: Maine

Federal law and guidance on this subject should be reviewed together with this section.

Author: Glenn Israel, Bernstein Shur Sawyer & Nelson, PA

Summary

• The State of Maine permits recording of conversations with the consent of one party. See Recording Conversations.
• The State of Maine prohibits employment discrimination based upon broader categories than those covered by federal law. See Employee Discipline and Discrimination.
• Maine law prohibits retaliation against employees who engage in protected activities. See Retaliation and Whistleblower Protections.
• Certain acts or omissions constitute misconduct and are presumed to be disqualifying for purposes of unemployment benefits. See Disqualifying Misconduct for Unemployment Purposes.
• Generally, Maine employers are prohibited from requiring polygraph testing of employees. See Polygraph Testing.
• The State of Maine regulates drug testing of employees. See Drug Testing.
• An employer may not discriminate against employees for smoking or using any other legal tobacco products while off-duty. See Off-Duty Activities.
• Portland has requirements pertaining to employee discipline. See Local Requirements.