What is a wrongful termination? Wrongful termination in Maryland occurs when an employer dismisses a worker from employment for an unlawful reason.
- Types of Illegal Termination in Maryland
- Types of Legal Termination in Maryland
- At-will Employment Exceptions in Maryland
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Maryland
- Filing a Lawsuit Against Your Employer in Maryland
A wrongful dismissal is an illegal way of letting someone go that goes against federal or state law. Employees wrongfully terminated can seek legal justice against their former employer. Employees wrongfully fired from jobs can take legal action by filing a claim.
Being wrongfully fired can cause emotional and financial grief. Unlawful termination is punishable by law and employees can seek compensation for lost wages. Employees wrongfully terminated from jobs should review the information below to understand their rights.
Maryland Unemployment Resources
Types of Illegal Termination in Maryland
Many types of illegal terminations in Maryland are under precedence set by federal labor laws. These types of illegal termination of employment include firing based on age, race, sex, religion or disability. These types of illegal firing break the law because they are discriminatory.
Other types of unlawful terminations include those done in retaliation to the employee. For instance, common retaliatory types of unlawful terminations from employment include firing an employee to avoid paying health care insurance expenses and worker’s compensation claims. These types of illegal dismissal of employment can cause employees to pursue a lawsuit against an employee for lost wages.
Types of Legal Termination in Maryland
Types of legal firing may be frustrating to an employee who depends on their job for financial stability, but these reasons for letting a worker go are legal. These types of legal termination in Maryland include poor work performance or the end of an employment contract.
Other legal reasons for terminating employees in Maryland include group layoffs as well as the company closing. Most types of legal termination of employment involve reasons with just cause. Employees who experience these types of legal dismissal of employment do not a viable claim against their employer for wrongful termination.
At-Will Employment Exceptions in Maryland
Many workers ask, “Is Maryland an at will state?” after being fired from an employer. Others wonder what is employment at will and how it will influence their wrongful dismissal claim. Still more are curious about the at will employment exceptions in Maryland that courts recognize when deliberating on wrongful termination cases.
Like almost all other states in the nation, Maryland is an at-will employment state. Employment at-will is a working contract that permits either party, employer or employee, to end the relationship at any time. Exceptions to at-will employment protect the rights of employees who experience unlawful termination. The at will employment exceptions in Maryland include:
- The implied-contract exception, which covers agreements made between an employee and their employer without any signed or legal documents, such as an employer telling an employee they will receive a warning if they are facing termination.
- The public-policy exception, which protects workers fired for refusing to violate public policy, such as breaking a law at an employer’s request.
- Other exceptions to at-will employment not followed in Maryland include the covenant-of-good-faith exception, which pertains to immoral employee dismissals, such as letting an employee go before they are eligible for a health benefits package.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Maryland
Employees can file a wrongful termination discrimination charge if they believe their termination was illegal. Workers should know how to file a charge of employment discrimination if they believe they have a valid legal case against their employer. Filing a charge of discrimination in Maryland is available through the Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Human Relations (MCHR). Employees are required to file a charge within 180 days of experiencing a federal discrimination or 300 days for state.
Workers need to know how to file an EEOC employment discrimination if they experience illegal firing. Once filed, the employee and employer will usually undergo mediation to see if a voluntary settlement is possible. If the parties cannot reach an agreement, the EEOC will begin an in-depth investigation regarding the claim. If an employer refuses to comply with an investigation, they will receive a subpoena.
Employees filing a charge of discrimination in Maryland cannot file a lawsuit unless they receive a Notice of Right to Sue from the EEOC. The EEOC will issue an employee a Notice of Right to Sue if they cannot determine the violation. Once an employee can file a lawsuit, they can pursue legal compensation from their employer or an appropriate severance package.
Filing a Lawsuit Against Your Employer In Maryland
Can I file a lawsuit for wrongful termination? Workers can file lawsuits against employers for wrongful termination once they receive a Notice of Right to Sue from the EEOC. Filing a wrongful termination claim against employers requires the employee to gather all information related to their discrimination case. Suing for wrongful termination in Maryland can be a confusing and sometimes overwhelming experience.
Employees wondering how to file a wrongful termination lawsuit should consider hiring an experienced lawyer to assist in their case. To file a lawsuit against your employer in Maryland you will need to present evidence to back up your claim such as pay stubs, employment paperwork and testimonials from witnesses. A legal representative can help you gather the necessary proof to help you win your case.
Last Updated: October 18, 2022