Can I sue for wrongful termination in Maryland?
1. At-Will Default
Maryland is at-will. Adler v. American Standard Corp., 432 A.2d 464 (Md. 1981).
2. Public Policy Exception
Adler recognized an abusive-discharge tort. Plaintiff must identify a clear mandate of public policy in statute or judicial decision. Examples: refusing to commit perjury (Adler), reporting illegal activity (Wholey v. Sears Roebuck, 803 A.2d 482 (Md. 2002)), filing workers' comp claim, jury duty.
3. Implied Contract
Recognized when handbook is sufficiently specific and the employer manifests intent to be bound (Staggs v. Blue Cross of Md., 486 A.2d 798 (Md. App. 1985)).
4. Implied Covenant of Good Faith
Not recognized in at-will employment.
5. Statutory Discrimination Claims
Fair Employment Practices Act (FEPA), Md. Code, State Gov't § 20-606, covers race, sex, age (40+), disability, sexual orientation, gender identity, marital status, military status, etc. Maryland Commission on Civil Rights (MCCR) enforces; 300-day charge window. Counties (Montgomery, PG) have additional protections. Title VII via EEOC within 300 days.
6. Retaliation Statutes
Md. Code, Lab. & Empl. § 9-1105 — workers' comp retaliation. Md. Code, State Gov't § 20-606(f) — discrimination retaliation. Md. Code, State Pers. & Pens. § 5-305 — public employee whistleblower. Md. Code, Health-Gen. § 1-501 — healthcare whistleblower.
7. WARN Act
Maryland Economic Stabilization Act (Md. Code, Lab. & Empl. § 11-301 et seq.) — Maryland mini-WARN (now mandatory after 2020 amendments): 60 days' notice for reductions affecting 25+ employees at workplaces of 50+. Federal WARN also applies.
8. Damages
Adler tort: back pay, compensatory, punitive. FEPA: back pay, front pay, compensatory, punitive (capped per Title VII), attorney's fees. WC retaliation: back pay, reinstatement.
9. Statute of Limitations
Adler/abusive discharge: 3 years (Md. Code, Cts. & Jud. Proc. § 5-101); FEPA: 300 days to MCCR + 2 years for civil action; written contract: 3 years.
This is legal information, not legal advice.
- You were fired for refusing to commit perjury or another illegal act (Adler)
- You filed a workers' comp claim and faced retaliation
- Your employer of 50+ failed to provide 60 days' notice of layoff under MD WARN
- Md. Code, State Gov't § 20-606 (FEPA)
- Md. Code, Lab. & Empl. § 11-301 (MD WARN)
- Md. Code, Lab. & Empl. § 9-1105 (WC retaliation)
- Adler v. American Standard, 432 A.2d 464 (Md. 1981)
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.