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What is wrongful termination in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Maryland combines a traditional at-will doctrine with judicially-created and statutory exceptions.

1. Adler Public Policy Exception

Adler v. American Standard Corp., 291 Md. 31 (1981), recognized a wrongful discharge tort for terminations contravening a clear mandate of public policy. Maryland courts narrowly construe this — the policy must be expressed in a statute or regulation, not merely judicial decisions or societal values.

Examples recognized:

  • Refusing to commit perjury.
  • Filing a workers' comp claim (Ewing v. Koppers, 312 Md. 45 (1988)).
  • Reporting illegal activity.
  • Whistleblowing on matters of public health/safety.

    • 2. Maryland Fair Employment Practices Act — Md. Code, State Gov't § 20-606

    Prohibits discrimination based on race, color, religion, ancestry/national origin, sex, age (any), marital status, sexual orientation, gender identity, genetic information, disability, military status. Applies to employers with 15+ employees generally; 1+ for harassment (after 2019 SB 1010).

    File with Maryland Commission on Civil Rights within 300 days. 2-year SOL after charge filed.

    3. Maryland Whistleblower Law (State Employees) — Md. Code, State Pers. & Pens. § 5-301

    Protects state government employees. Limited to public sector.

    4. Workers' Comp Retaliation — Md. Code, Lab. & Empl. § 9-1105

    Codified the Ewing protection.

    5. Healthy Working Families Act — Md. Code, Lab. & Empl. § 3-1301

    Effective 2018. Requires paid sick leave for employers with 15+ employees and unpaid sick leave for smaller employers. Anti-retaliation provisions.

    6. Maryland Equal Pay for Equal Work — Md. Code, Lab. & Empl. § 3-301

    Prohibits sex-based and gender identity wage discrimination; anti-retaliation protections.

    7. Pregnancy Accommodation — Md. Code, State Gov't § 20-609

    Requires reasonable accommodations.

    8. WARN Act — Md. Code, Lab. & Empl. § 11-301 (Economic Stabilization Act)

    Maryland WARN requires 60-day notice for layoffs of 25+ employees (broader than federal 100-employee threshold). Voluntary guidelines historically; mandatory effective 2020.

    9. Statute of Limitations

  • Adler tort: 3 years (Md. Code, Cts. & Jud. Proc. § 5-101).
  • FEPA: 300 days to MCCR; 2 years thereafter.
  • Workers' comp retaliation: 3 years.

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You're considering an Adler claim and need to point to a Maryland statute or regulation
    • Your employer has 25+ employees and may owe MD WARN notice/severance
    • You're a state employee considering the Whistleblower Law
    Related Statutes & Laws
    • Md. Code, State Gov't § 20-606
    • Md. Code, Lab. & Empl. § 9-1105
    • Md. Code, Lab. & Empl. § 3-1301
    • Md. Code, Lab. & Empl. § 11-302

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.