By 
Maryland presumes that employment is at-will unless something says otherwise. At-will means either side can end the job at any time without cause. That something can be a statute, a contract, a union agreement, or a court-made rule. The exceptions are what give a fired employee a legal claim, and they are the first thing Wrongful Termination Lawyers Maryland look at when reviewing a case. Here are nine exceptions that apply to Maryland workers, followed by Annapolis-area law offices you can contact.
Which exceptions limit at-will employment in Maryland?
1. What is the public policy exception?
The public policy exception makes it unlawful to fire someone for a reason that violates a clear mandate of public policy. Maryland’s highest court recognized it in Adler v. American Standard Corp. (1981). Typical examples include firing an employee for refusing to commit fraud or for complying with a subpoena. The exception has a limit. In Makovi v. Sherwin-Williams Co. (1989), the court held it generally doesn’t apply when another statute already provides a remedy, such as a discrimination claim under Title VII.
2. Does a written employment contract override at-will status?
Yes, when it sets a fixed term or limits termination to specific grounds. A contract that says employment lasts two years, or that allows firing only “for cause,” changes the rules. An employer that ends that contract early without meeting its terms may owe damages for breach.
3. Can an employee handbook create job protections?
Sometimes. In Staggs v. Blue Cross of Maryland (1985), a Maryland appellate court held that policy statements limiting discharge can become part of the employment relationship. Progressive discipline steps or a promise of termination only for cause may be enforceable, but a clear at-will disclaimer usually prevents this.
4. How does a union contract change the rules?
Most collective bargaining agreements replace at-will employment with a “just cause” standard. Under that standard, the employer must have a legitimate, proven reason and must follow fair procedures. Disputes typically go through a grievance and arbitration process, and grievance deadlines can be as short as a few days. Check your contract immediately.
5. Do anti-discrimination laws create an exception?
Yes, and they are the most frequently used. Maryland’s Fair Employment Practices Act prohibits firing based on protected traits, including race, sex, age, disability, religion, sexual orientation, and gender identity, at employers with 15 or more employees. The federal Age Discrimination in Employment Act covers workers 40 and older at employers with 20 or more employees.
6. Are whistleblowers protected in Maryland?
Protection depends on who you report to and what you report. Federal laws set their own deadlines: 30 days for OSHA safety retaliation complaints and 180 days for Sarbanes-Oxley claims involving public companies. Maryland law protects health care workers who report violations, and a separate state law covers executive branch employees.
7. Is protected leave an exception to at-will employment?
Yes. The Family and Medical Leave Act protects up to 12 weeks of leave at employers with 50 or more employees. The Maryland Parental Leave Act covers workers at businesses with 15 to 49 employees for up to six weeks. Service members have reemployment rights under USERRA.
8. Do government employees have extra protection?
Many do. Public employees with a property interest in their jobs are entitled to due process before termination. Maryland’s State Personnel and Pensions Article sets procedures for many state workers. Federal employees who have completed their probationary period can generally appeal a removal to the Merit Systems Protection Board within 30 days.
9. Can you be fired to prevent you from receiving benefits?
No. Section 510 of the Employee Retirement Income Security Act (ERISA) prohibits firing an employee to interfere with benefits under an employer-sponsored plan. A termination weeks before a pension vest, or shortly after a costly medical diagnosis under the company health plan, may raise this issue.
Where can you find Wrongful Termination Lawyers Maryland workers can contact?
- The Mundaca Law Firm
- DUI & Defense Team
- MD DUI & Criminal Defense
- Sullivan Trial Law
- Henley & Henley, Attorneys at Law
1. The Mundaca Law Firm: Wrongful Termination Lawyers Maryland
Francisco E. Mundaca, Esq., Founding Partner, leads The Mundaca Law Firm. The firm serves Maryland employees from its Annapolis office and from a McHenry office, available by appointment, for workers in Western Maryland. Its employment practice reviews terminations for breach of contract, discrimination, retaliation, and public policy violations. It also represents federal sector employees in the removal and EEO process and negotiates severance agreements.
2. DUI & Defense Team
A law office on Bay Ridge Road in Annapolis. Contact the office to ask whether it handles employment matters.
3. MD DUI & Criminal Defense
A law office located in Glen Burnie. Reach out directly to confirm the types of cases it accepts.
4. Sullivan Trial Law
A law firm on Lubrano Drive in Annapolis. Ask about its practice areas before scheduling a consultation.
5. Henley & Henley, Attorneys at Law
A law office on West Street in downtown Annapolis. Check with the firm on whether your situation fits its practice.
What should you take away from these exceptions?
At-will employment is the starting point in Maryland, not the final word. A contract, a union agreement, a statute, or public policy can each turn an ordinary firing into a legal claim, and several have short deadlines. Collect your offer letter, handbook, any union contract, and your termination paperwork, then bring them to Wrongful Termination Lawyers Maryland employees can consult. They can tell you which exception, if any, fits your situation.
Comments