Losing a job is always challenging, but when a termination occurs for illegal reasons, it can feel even more overwhelming. Maryland employees are protected under both state and federal laws that safeguard workers from discrimination, retaliation, and other unlawful termination practices. Knowing your rights and the legal remedies available is essential for navigating a wrongful termination situation effectively.
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of legal protections. While Maryland is an at-will employment state, meaning that employers can terminate employees for nearly any reason, there are important exceptions. Employees cannot be terminated for reasons that violate anti-discrimination laws, breach public policy, retaliate against protected activity, or violate employment contracts.
Wrongful termination may not always be overt. Employers sometimes disguise unlawful firings as poor performance, restructuring, or downsizing. However, if the termination is connected to protected activity, discrimination, or a contractual violation, it may be considered unlawful.
Discrimination Protections
Maryland law, under the Maryland Fair Employment Practices Act (FEPA), prohibits employers from terminating employees based on protected characteristics, including:
- Race, color, or national origin
- Religion
- Sex, gender, or sexual orientation
- Age (40 and older)
- Disability or genetic information
- Marital status or family responsibilities
Terminations motivated by these factors, whether direct or indirect, may qualify as wrongful termination. Employees should be aware of potential red flags, such as inconsistent treatment compared to coworkers, sudden negative performance reviews, or discriminatory remarks by supervisors.
Retaliation Protections
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. This can include:
- Reporting discrimination, harassment, or unsafe work conditions
- Participating in workplace investigations
- Filing complaints with HR or external regulatory agencies
- Requesting family or medical leave under FMLA
- Reporting violations of law or unethical conduct
If termination follows one of these activities, it may be considered retaliatory and therefore unlawful. Employees should document all incidents leading up to termination to establish a clear timeline.
Whistleblower Protections
Maryland provides strong protections for whistleblowers. Employees who report illegal or unethical conduct, including fraud, safety violations, or regulatory violations, are shielded from retaliation. Termination following whistleblowing activities may constitute wrongful termination under both state and federal law.
Contractual and Implied Rights
Some employment relationships in Maryland involve formal contracts or implied agreements. Written employment contracts may outline specific conditions for termination, severance, or notice periods. Breach of these agreements can give rise to a wrongful termination claim. Even without a formal contract, consistent company policies, past practices, or promises made by management may create implied contractual protections that employers must honor.
Warning Signs of Wrongful Termination
Employees should be aware of circumstances that may indicate a wrongful termination:
- Sudden negative performance evaluations inconsistent with prior feedback
- Termination shortly after filing complaints or exercising protected rights
- Removal from responsibilities or projects without explanation
- Unequal treatment compared to other employees
- Harassment or discriminatory behavior by supervisors
Documenting incidents, including dates, times, and witness accounts, is critical to building a strong case.
Steps to Take After a Termination
If you suspect your termination was unlawful, taking immediate and strategic steps can help protect your rights:
- Document all incidents – Save emails, text messages, memos, and notes from meetings related to your job performance and protected activities.
- Preserve employment records – Keep copies of performance evaluations, pay stubs, and other evidence demonstrating your contributions.
- Request written explanations – If possible, ask your employer to provide a formal reason for termination.
- Avoid signing documents – Do not sign termination or severance agreements without consulting an attorney.
- Consult a legal professional – A knowledgeable lawyer can assess the strength of your claim, advise on next steps, and help pursue remedies.
How Legal Professionals Can Help
Wrongful termination cases can be complex, involving both state and federal laws. A skilled attorney can help employees identify whether their termination was unlawful, gather and preserve evidence, and navigate administrative claims or litigation. Consulting a wrongful termination lawyers maryland ensures that employees receive proper guidance and protection throughout the process.
Remedies Available to Employees
Employees who successfully prove wrongful termination may be entitled to:
- Reinstatement to their former position
- Back pay or compensation for lost wages
- Restoration of benefits
- Damages for emotional distress
- Payment of attorney’s fees
- Corrections to employment records
These remedies are designed to restore employees to the position they would have been in had the wrongful termination not occurred.
Final Thoughts
Being terminated is a difficult experience, but when it is unlawful, understanding your rights is essential. Maryland employees are protected from termination based on discrimination, retaliation, whistleblowing, or breaches of contract. By recognizing the warning signs, documenting incidents, and seeking legal guidance promptly, workers can protect their rights and pursue appropriate remedies. With proper support, employees can take meaningful steps toward justice and ensure that employers are held accountable for unlawful actions.