Do You Need a Maryland Wrongful Termination Lawyer?

What is covered under Maryland wrongful discharge law?

In 1981, the Court of Appeals for Maryland first recognized the claim of wrongful discharge in the case of Adler v. American Standard Corp., prohibiting employers from punishing employee conduct that is protected by a state or federal public policy. The elements of wrongful discharge are:

• Employer-Employee Relationship. The plaintiff was an employee of the employer;
• Adverse Employment Action. The plaintiff was fired or experienced another kind of adverse employment action that violates clearly mandated public policy; and
• Protected Conduct. The employee’s protected conduct was a motivating or substantial factor in the employer’s decision to take the adverse employment action.

What compensation can a wrongfully discharged employee recover?

A wrongfully discharged employee is entitled to compensation for lost wages and benefits. Additionally, the employee may be compensated for their pain and suffering and awarded punitive damages.

What must an employee show to establish a claim of wrongful discharge?

An employee must demonstrate 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 is a nexus between the employee’s conduct and the employer’s decision to fire the employee.

Termination, demotion, suspension, and other disciplinary actions committed by the employer are adverse employment actions.

What kind of employee conduct is protected?

Protected employee conduct is conduct that is protected under well-established public policy that is substantially based in state or federal law. Some examples of protected conduct include:

• Unsafe Workplace. Refusing to work when conditions are unsafe or under the threat of violence;
• Whistleblowing. Properly reporting what the employee reasonably believes to be illegal activity, even if mistaken;
• Fraud. Refusing to engage in fraudulent business practices;
• Government Investigations. Cooperating with a government investigation or refusing to lie to a government official;
• Court Appearances. Attending jury duty or testifying in court;
• Discrimination. Opposing what the employee reasonably believes to be illegal discrimination;
• Family Leave. Exercising your right to take unpaid leave under the Maryland Family Rights Act; and
• Unpaid Wages. Demanding wages be paid promptly.

What should I do if I believe I have been wrongfully fired or discharged?

Keep a detailed and contemporaneous log of your employer’s actions and statements relating to your wrongful discharge. If you have been wrongfully discharged, it is your right to take legal action. Contact The Employment Law Group® law firm at 888-603-0983 or [email protected] to discuss your potential claim.