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Wrongful
Termination

Justice starts today with a confidential lawyer consultation.

Wrongful termination cases are an exception to the "at-will" employment doctrine. Most Maryland employees are "at-will" employees—meaning that your employer generally can terminate your employment relationship (i.e., fire you) at any time, and for any reason, even if that reason is arbitrary or unfair.

In practice, the "at-will" principle is limited by federal, state, and local statutes. For example, Maryland employers can't fire someone because of their race (violating Title VII of the Civil Rights Act of 1964), you can't fire someone because of their age (violating the The Age Discrimination in Employment Act of 1967), and you can't fire someone because of their sex or gender (violating the Maryland Human Rights Act, also known as Title 20). These are statutory limitations on the "at-will" employment principle. However, these statutes only apply to some Maryland employees, and some Maryland employers (generally, large employers).

So what happens when you are fired because of your race, age, sex, etc., but for some reason, none of these statutes apply to you? With the assistance of a Maryland wrongful termination lawyer, you can pursue a common law tort claim of wrongful termination against your former employer. A wrongful termination claim is a "last resort" claim, which is basically telling a court, "I know there's technically no law against what my employer did, but it was still wrong (i.e., violates Maryland public policy)."

Wrongful termination claims are an important, but often misunderstood, facet of Maryland employment law. At the Employment Law Center of Maryland, we represent workers with wrongful termination cases in every Maryland circuit court. Contact us today for a consultation with a Maryland wrongful termination lawyer.

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Justice for wrongful termination in Maryland starts today with a confidential lawyer consultation.

Wrongful Termination in Maryland

 

Like many states, Maryland follows the common law rule that "an employment contract of indefinite duration, that is, at-will, can be legally terminated at the pleasure of either party at any time." In other words, unless you've signed an employment contract with your employer (specifically, one that provides for a definite start and end date for your employment), you're an at-will employee. 

Unless you've signed an employment contact (that sets out a definite start and end date for your employment), you're an at-will employee.

An at-will employee can be fired—at any time, for any reason, or even no reason at all. 

In 1981, a landmark Maryland Court of Appeals case, Adler v. American Standard Corp., 291 Md. 31 (1981), placed an important guardrail on the at-will employment principle, and recognized the legal cause of action we known today in Maryland as wrongful termination.

In Adler v. American Standard Corp., 291 Md. 31 (1981), the court recognized that an at-will employee in Maryland could bring a tort claim for wrongful termination.

In 1981, a landmark Maryland Court of Appeals case, Adler v. American Standard Corp., 291 Md. 31 (1981), placed an important guardrail on the at-will employment principle, and recognized the legal cause of action we known today in Maryland as wrongful termination.

Importantly, you can only bring a wrongful termination claim when no other statutory remedy applies. At the Employment Law Center of Maryland, we most often see wrongful termination lawsuits brought against small employers (i.e., less than 15 employees), because most state and federal employment laws don't apply to small employers.

In order to establish a claim for wrongful discharge, a Maryland employee (through their Maryland wrongful termination lawyer) must show by a preponderance of the evidence that: (1) the employee was discharged; (2) the discharge violated a clear mandate of public policy; and (3) there was a nexus between the employee's conduct and the employer's decision to terminate the employee.

To prevail on a wrongful termination claim in Maryland, an employee must show by a preponderance of the evidence that:

  1. the employee was discharged;

  2. the discharge violated a clear mandate of public policy; and

  3. there was a nexus between the employee's conduct and the employer's decision to terminate the employee.

The first element, that the employee was discharged, is usually the easiest to prove—if you were fired, check that box.

The second element, the public policy exception, is a more substantial hurdle to clear. Maryland recognizes the tort of wrongful termination only for a termination that violates public policy. A wrongful termination action provides a remedy when an employee has been terminated in clear contravention of public policy and there is no statutory remedy available to address this wrong—in other words, you can only bring a wrongful termination claim if no employment statute applies to your specific situation.

You can only bring a claim for wrongful termination if no other employment statute applies to your situation.

But what is a "public policy?" Maryland courts have adopted a narrow definition of public policy, and general only recognize a mandate of public policy when there's some clear action on behalf of the legislature. Here are two (relatively) recent examples of wrongful termination cases in Maryland where courts addressed this issue:

  • In Bleich v. Florence Crittenton Serv, 98 Md. App. 123 (Md. Ct. Spec. App. 1993), a teacher at a program for at-risk children alleged she had been fired because she sent a letter to the police alleging that the program's policies placed the children at risk of abuse. The teacher was able to bring a claim for wrongful discharge because Maryland law required educators to report suspected child abuse to the appropriate law enforcement agency.

  • In Kessler v. Equity Management, Inc., 82 Md. App. 577 (Md. Ct. Spec. App. 1990), an apartment manager alleged a violation of public policy where she was terminated for refusing to comply with her employer's instructions to enter tenants' apartments and rummage through their personal effects to gather information that could be used in collecting overdue rent. In this case, the court found that public policy mandated the protection of the tenant's constitutional right to privacy.

The challenge with wrongful termination claims is that vague public policy interest, no matter how compelling, have been unsuccessful in the absence of a specific statutory or regulatory basis. In other words, a Maryland wrongful termination lawyer will generally look for a state or federal statute that explicitly states the public policy (e.g., "Title VII's prohibitions on sex discrimination may not apply to this case, but Title VII gives us a clear public policy against sex discrimination.").

Vague notions of "fairness" or "justice" aren't enough to sustain a wrongful termination claim in Maryland—you need to be able to point to a written, clear public policy against the employer's conduct (e.g., sex, age, or race discrimination).

Wrongful termination claims in Maryland require a deep knowledge of both the wrongful termination case law, but also the various "public policies" that can form the basis of a successful claim. Contact us today for a confidential consultation with a Maryland wrongful termination lawyer.

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Justice for wrongful termination in Maryland starts today with a confidential lawyer consultation.

Suing for Wrongful Termination

 

Unlike many employment cases, you can immediately file a lawsuit in Maryland circuit court for a wrongful termination.

The statute of limitations for a wrongful termination claim in Maryland is three years.

The statute of limitations (i.e., deadline to file) a wrongful termination claim in Maryland is three years.

As Maryland's body of wrongful termination laws evolves, there are still some "gray areas" when it comes to wrongful termination in Maryland. For example, it's still unclear whether a federal law (as opposed to a Maryland state or county law) can be the "public policy" needed to prevail on a wrongful termination claim. It's also unclear whether you actually need to be "terminated," or if you can bring a wrongful termination claim when you've been wrongfully demoted, reassigned, or otherwise treated poorly at work for doing the right thing.

At the Employment Law Center of Maryland, we're proud to be among the Maryland employment law firms helping to develop this body of law, all through our relentless advocacy on behalf of our clients. If you've been wrongfully terminated, contact us today for a confidential consultation with a Maryland wrongful termination attorney.

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When you're ready to start fighting back against a wrongful termination in Marylandyou won't be fighting alone.

  • What is an example of age discrimination in the workplace?
    Age discrimination in the workplace generally takes one of three forms: direct age discrimination, indirect age discrimination, and harassment age discrimination. Direct age discrimination occurs when an employer treats you differently than another person who is in a similar situation as you, but is a different age (usually, younger). Examples of direct age discrimination would be rejecting job applications from older applicants, denying promotion opportunities to older workers, or denying employment benefits (e.g., trainings or other job perks) to older workers. Direct age discrimination's most common example is an employer firing an older, more experienced worker, to hire a younger, cheaper, less-experienced worker. Indirect age discrimination in the workplace occurs when a company's policies or practices operate in such a way as to disadvantage people in certain age groups. For example, if an organization requires that only individuals with a master's degree are eligible for an employment benefit, this could disadvantage younger workers who are less likely to have a post-graduate degree. Lastly, harassment age discrimination in the workplace occurs when employers or co-workers humiliate or degrade you because of your age. Comments about someone being "over the hill," "ancient," or "retirement age" are examples of harassment age discrimination. Harassment age discrimination claims are common in many workplaces, but can be difficult to prove, because you may need to show that your employer knew about the harassment, but did nothing to prevent or stop the age discrimination harassment. If you're unsure whether you've been a victim of age discrimination in the workplace, you should contact an age discrimination lawyer near you.
  • What is considered workplace age discrimination?
    Workplace age discrimination occurs when an employer treats an employee or job applicant more or less favorably because of their age. But not all age discrimination is illegal. Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, an exception exists for employers who discriminate based on age when age is an essential part of a particular job. This is known as a "bona fide occupational qualification," and is a very narrow exception. To use this exception, an employer must be able to sow that the age discrimination is required for the job to be performed safely and properly. For example, states are generally allowed to discriminate on the basis of age when it comes to hiring firefighters and law enforcement officers. If you're unsure whether you're a victim of workplace age discrimination, contact a Maryland age discrimination lawyernear you.
  • Can I be fired or not hired because a younger employee costs less?
    There's no clear-cut rule when it comes to hiring younger, cheaper workers. Companies often make hiring decisions based on wage or salary history (e.g., a less experienced worker may be asking for a lower salary), and this is not illegal age discrimination. However, basing hiring or firing decisions solely on age is illegal age discrimination if the employer cannot show a reasonable justification for the employment action. For example, if an employer terminates older workers to avoid paying them their benefits, pensions, etc., this runs afoul of the 1990 Older Workers Benefit Protection Act (OWBPA). Whether a hiring or firing decision constitutes illegal age discrimination in the workplace is different in every situation, and you should contact a Maryland age discrimination lawyer near you to discuss the specifics of your case.
  • Can an employer ask my age on a job application?
    Yes, a Maryland employer can ask your age on a job application; however, there are strict limits on when a Maryland employer can ask for your age on a job application, as well as how an employer can use that information. While federal and state age discrimination laws do not technically prohibit prospective Maryland employers from asking about your age, they must have a lawful purpose for doing so. This could include: Completing a background check Enforcing a lawful minimum age requirement for a position (for example, states can discriminate based on age when it comes to firefighters and law enforcement officers) Under both the Age Discrimination in Employment Act (ADEA) and Maryland's Title 20, a prospective employer can discriminate based on (and ask about) age if they can demonstrate that (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical. This is known as the "bona fide business qualification" exception, and applies in cases where age is highly relevant to the position. While it's not strictly necessary, smart employers tend to, at a minimum, keep your age or other demographic data separate from the information used to evaluate your job application. Regardless, asking a job applicant's age is always risky for an employer. If you're not sure whether a prospective employer engaged in age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
  • Can my employer make me retire?
    Generally, no, your employer cannot make you retire. Under the Age Discrimination in Employment Act (ADEA), workers age 40 or older are protected from workplace age discrimination, which includes requiring employees to retire upon meeting a specific age. However, there are exceptions to the ADEA's protections, as well as Maryland's Title 20's similar age discrimination protections. A Maryland employer may discriminate based on age if they can show a "bona fide occupational qualification" reasonably necessary “to the normal operation of the particular business.” In order to demonstrate a bona fide occupational qualification, the employer must demonstrate (1) that the age-based employment requirement is reasonably necessary to the essence of the business, and (2) that an individualized approach would be pointless or impractical. This exception is often used by states for the hiring, firing, and compulsory retirement of firefighters and law enforcement officers. If you've been forced to retire, and you're concerned about illegal age discrimination in the workplace, contact a Maryland age discrimination lawyer near you.
  • Can you sue for age discrimination in the workplace?
    Yes. You can sue a current, former, or prospective Maryland employer for age discrimination in the workplace. There are a variety of federal, state, and local/county laws that prohibit age discrimination at work in Maryland. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, and terms, conditions, or privileges of employment. Md. Code, State Gov't § 20-606 (Title 20) also prohibits Maryland employers from discriminating on the basis of age. Further, the following Maryland counties/cities have age discrimination in the workplace statutes in place: Baltimore County Baltimore City Frederick County Harford County Howard County Montgomery County Prince George's County Suing an employer for age discrimination in the workplace requires you to comply with strict filing requirements and timelines. A Maryland age discrimination lawyer near you will help you file the appropriate documents, as well as keep track of the relevant deadlines.
  • How do I sue my employer for workplace age discrimination?
    To sue your Maryland employer for age discrimination in the workplace, you'll need to (1) file an administrative complaint and (2) file a lawsuit in a Maryland circuit court. Under both the Age Discrimination in Employment Act (ADEA) and Md. Code, State Gov't § 20-606 (Title 20), you need to "administratively exhaust" your age discrimination in the workplace claim before you can file a lawsuit in court. This means that you'll need to file an administrative complaint with one or both agencies, and wait either 60 or 180 days (depending on which agency you file with) for them to investigate your age discrimination in the workplace complaint. Once the requisite time has passed, or the agency has completed its investigation and issued you a "notice of right to sue," you have 90 days to file an age discrimination in the workplace lawsuit in either federal District Court for the District of Maryland or a Maryland circuit court. Suing an employer for age discrimination in the workplace is a complicated, lengthy process. A Maryland age discrimination lawyer near you will help you file the appropriate complaints, as well as keep track of the relevant deadlines.
  • What is the average settlement for age discrimination?
    The average settlement for age discrimination in the workplace lawsuits in Maryland can range from the tens of thousands of dollars to hundreds of thousands of dollars—but every case is different. A 2010 study done by Lawyers for Civil Justice found that an average out of court settlement for age discrimination in the workplace is about $40,000, and that approximately 10% of cases resulted in a settlement of at least $1 million. As you can see, this is a wide range. The following factors tend to influence the settlement amount of an age discrimination in the workplace case: The facts of the case (e.g., was the discrimination particularly outrageous or egregious?) The evidence available (documents, text messages, emails, etc.) Your credibility The skill and work ethic of your age discrimination lawyer At the Employment Law Center of Maryland, we litigate every single age discrimination in the workplace case as if it's going to trial, putting our clients in the strongest possible position to settle or win their case.
  • What are the criteria for age discrimination in the workplace?
    In a Maryland age discrimination in the workplace case, an employee must generally show the following criteria (or "elements" of the age discrimination claim): That he or she was within the protected class of age forty or over (under the Age Discrimination in Employment Act; this does not apply to state law claims under Title 20); That he or she was performing his job to the employer's legitimate expectations; That he or she was discharged (i.e., fired); and That the employer replaced him or her with someone substantially younger or treated someone more favorably who is substantially younger, or provide other evidence that indicates that it is more likely than not that his or her age was the reason for the adverse employment action. These criteria are slightly different depending the facts of each particular case, as well as whether the case is brought under federal, state, or local law. A Maryland age discrimination lawyer near you can help you identify which criteria apply to your particular case.
  • How do you prove age discrimination in firing?
    Age discrimination in the workplace claims are civil claims—meaning that they are subject to civil "discovery" procedures allowing for the review of documents, deposition of witnesses, and subpoena of other evidence. Generally, an experienced age discrimination lawyer will seek to obtain a great deal of employee data to show the disparate treatment of his or her client, including: the number of employees over age 40 employed by the employer; the number of employees over age 40 in supervisory or management positions with the employer; the salary range for the relevant job category; the average salaries of employees under age 40 and those over age 40 at the employer; and, the average starting salary of an employee over age 40 and of an employee under age 40 in each job category. In addition, an experienced age discrimination lawyer will request documents, interview and/or depose witnesses, and force the employer to testify under oath regarding the age discrimination in the workplace.
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Justice for wrongful termination in Maryland starts today with a confidential lawyer consultation.

Blog Posts

For more on wrongful termination in Maryland, check out our team's most recent blog post on this topic:

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When you're ready to start fighting back against a wrongful termination in Marylandyou won't be fighting alone.

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