What Qualifies As Wrongful Termination In Maryland?

Losing your job is never easy, but if you suspect your termination wasn't fair, you have more options than you think. Wrongful termination occurs when an employer violates state or federal employment laws, such as dismissing an employee for discriminatory reasons, retaliating against whistleblowers, or failing to honor employment agreements. Maryland employees are protected by laws that uphold their rights in the workplace, and understanding these laws is the first step toward justice.

If you believe your firing was unjust, the experienced team at Lebau & Neuworth is ready to fight for your rights. Contact us today to have a strong advocate on your side. With a simple and free consultation about your case, you can take the first steps toward holding your employer accountable.

What Is Considered Wrongful Termination in Maryland?

Wrongful termination in Maryland occurs when an employer dismisses an employee in violation of state or federal employment laws. This can include firing someone based on discriminatory factors such as race, gender, age, or religion. Retaliation against employees who report unsafe working conditions, harassment, or other workplace violations is another example of wrongful termination. Employers who breach the terms of a written or implied employment contract also open themselves up to liability for unjustly letting employees go. These actions are not only violations of the law but betray the trust employees place in their employers.

Maryland employees who believe they’ve been wrongfully terminated have the right to seek justice. By consulting with an experienced employment attorney, workers can get clarity about their situation, understand their legal protections, and pursue fair remedies. Legal support empowers employees to hold their employers accountable and helps them rebuild their lives after an unjust dismissal.

Legal Grounds for Wrongful Termination Claims

Understanding the legal grounds for wrongful termination claims is crucial for Maryland employees who suspect their dismissal was unjust. Wrongful termination occurs when an employer violates specific employment laws while firing an employee, depriving them of their rights in the workplace. To identify whether a claim is valid, employees should look for key legal violations that might have occurred during their termination. Maryland, like other states, offers protections under both state and federal laws to ensure workers are treated fairly.

Here are some common legal grounds for wrongful termination claims in Maryland:

Discrimination-based termination tied to race, gender, age, religion, disability, or other protected characteristics.
Retaliation for reporting workplace violations, such as harassment, unsafe conditions, or illegal practices.
Firing in violation of employment contracts, including written, implied, or oral agreements.
Termination for taking protected leave, such as time off under the Family and Medical Leave Act (FMLA) or state laws.
Dismissal in violation of public policy, such as firing someone for refusing to commit an illegal act or for serving on a jury.

Understanding the legal grounds for wrongful termination equips Maryland employees with the knowledge to evaluate their situation and determine if their dismissal violated state or federal laws. If the circumstances of your termination appear to align with one or more of these legal violations, it’s a clear signal to consult with an experienced employment attorney who can provide guidance and pursue justice on your behalf.

Maryland-Specific Laws Affecting Wrongful Termination

While federal laws such as the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) set essential baselines, state-specific statutes like the Maryland Fair Employment Practices Act (FEPA) go further to protect workers. FEPA not only enforces prohibitions against discrimination based on race, gender, age, or disability but also addresses retaliation more comprehensively, ensuring employees can safely report workplace violations without fear of losing their job.

Additionally, Maryland’s Healthy Working Families Act strengthens these protections by guaranteeing eligible employees access to paid sick leave, a benefit not fully covered under federal law. These state-level laws bridge gaps in federal legislation, reinforcing workers’ rights in critical areas like discrimination, retaliation, and access to protected leave of absence. With these added layers of protection, Maryland employees can feel more confident when challenging unjust terminations and holding their employers accountable for violating their rights.

How to Prove Wrongful Termination in Maryland

Proving wrongful termination in Maryland relies on building a strong, evidence-based case. This process involves collecting documentation that directly supports your claims, such as records or communications showing discrimination, instances of retaliation, or breaches of an employment contract. It’s essential to present a coherent narrative of events that links your termination to unlawful motives or actions by your employer.

By connecting the evidence to legal violations, you can demonstrate that your dismissal was not justified, strengthening your position and creating a compelling case for claims of wrongful termination. Attorneys can help you gather the necessary documentation, build a strong case, and understand the specific laws that apply to your situation. They will guide you step-by-step, from evaluating your claim to presenting evidence in court or during negotiations.

When arguing a wrongful termination claim, judges consider several key factors. Understanding what needs to be demonstrated can strengthen your case. These factors often include:

Evidence of discrimination based on a protected characteristic, such as race, gender, or age.
Proof of retaliation for reporting violations, such as unsafe working conditions or harassment.
Clear documentation of an employment contract and proof that the terms were violated.
Records showing termination after taking legally protected leave, such as family or medical leave.
Any related communications, including emails or performance reviews, that contradict the stated reason for your termination.

It’s not just about losing your paycheck; it can affect your confidence, damage your professional reputation, and make finding a new position more challenging. The financial strain, paired with the frustration of being treated unfairly, can leave you wondering what to do next. Talking to a wrongful termination attorney can help you decide if legal action is right for your situation and guide you through the process.

What to Do If You Believe You Were Wrongfully Terminated

If you believe you’ve been wrongfully terminated, it’s important to remember that your efforts and dedication as an employee don’t go unnoticed, and your rights matter. Maryland has specific protections for workers, and these rules are meant to ensure that employers don’t misuse their power. If you think you were dismissed for an unlawful reason, taking some of these steps can help you stand up for yourself and seek a fair resolution.

Speak with an experienced employment attorney who can evaluate your case, explain your options, and guide you through the legal process.
Review your employer’s policies and your employment contract for any violations.
Document everything that might support your claim, such as emails, texts, performance reviews, or witness statements.
Write down the details of your termination, including what was said, who was involved, and the justification your employer provided.
Contact the Maryland Department of Labor or a relevant agency for guidance.

If you believe you were wrongfully terminated, reaching out to Lebau & Neuworth for a free consultation is an important first step. During the consultation, you’ll have the opportunity to share your experience and learn more about your legal options. Our attorneys can help you determine whether your case qualifies as wrongful termination and provide clarity on the support you may need. Taking advantage of this free resource can help you make informed decisions about how to proceed.

Contact Lebau & Neuworth for Legal Support

Being wrongfully terminated is more than just losing a job; it can feel unfair, confusing, and like a betrayal of the hard work you’ve put in. Depending on your situation, navigating the next steps may seem challenging; that’s where Lebau & Neuworth comes in. Our experienced legal team understands the complexities of employment law and is committed to advocating for workers like you who deserve better. If you believe your rights were violated, contacting Lebau & Neuworth can be the first step toward regaining a sense of stability and fairness. We’re here to listen, help build your case, and fight for the resolution you deserve.

Montgomery County Expands Implication and Application of ‘Harassment’

The Montgomery County Council recently enacted a law that greatly expands the legal designations of the terms “harassment” and “sexual harassment” used in the County’s anti-discrimination law. This is an important change for employees in Montgomery County because it reflects that harassment comes in all forms and that prior definitions were far too restrictive.

The expanded definitions increase the protection given to employees against workplace harassment and sexual harassment by lowering the standard required to prove both. Previously, to prove harassment and/or sexual harassment under Montgomery County’s law, an employee was required to meet a very high standard of evidence, known as “severe and pervasive,” that was a very difficult standard to deomstrate.

Under the new legislation, workplace harassment is actionable if it is “more than a petty slight, trivial inconvenience, or minor annoyance.” Sexual harassment is similarly defined, but focuses on sexual conduct, such as “unwelcome sexual advances, requests for sexual favors, or other verbal, written, or physical conduct of a sexual nature.”

Lebau & Neuworth strongly believes that more counties should follow the lead of Montgomery County and even the State of Maryland. To this point, far too many workers have been harmed by harrassment in the workplace.

Lebau & Neuworth are zealous and tireless advocates for workers. If you have been subjected to workplace harassment or sexual harassment, call us at (410) 296-3030 or email us at lebauneuworth.com/contact-us.

Maryland’s 'Equal Pay for Equal Work Law' adds Anti-Retaliation Amendment

New amendments to Maryland’s Equal Pay For Equal Work Law went into effect on October 1, 2020. Among other things, the law prohibits employers from paying employees of a certain sex or gender identity less than other employees because of their sex or gender identity.

Maryland’s Equal Pay for Equal Work also prohibits employers from providing less-favorable employment opportunities to employees because of their sex or gender identity. Under the law, employer means any person engaged in a business or profession in Maryland.

The new amendments add additional protections for employees in Maryland. One stipulates that employers are now required to provide a wage range to job applicants, when requested. Also, employers are now prohibited from retaliating against job applicants, including refusing to interview or hire them, because applicants refused to provide their own wage history or requested the wage range for the posted job. Employers are also prohibited from requesting or relying on job applicants' wage history when considering applicants for a position or calculating their wages.

The new amendments also strengthen the anti-retaliation protections under the law. Now, employers cannot retaliate against employees by taking an adverse employment action for inquiring about their own wages or the wages of other employees. Previously, the law only prohibited retaliation if an employee asked about another employee’s wages but not their own. Adverse employment actions include, but are not necessarily limited to, termination, demotion and suspension.

If you think you are being paid differently because of your sex or gender identity, the lawyers at Lebau & Neuworth may be able to help. For more information, contact us at (410) 296-3030 or lebauneuworth.com/contact-us.

New Maryland Law Protects Job Applicants With A Criminal Record

Maryland’s new “Ban the Box” bill went in effect on February 29, 2020. The new law (HB 994/SB 839), which is officially titled "Labor and Employment - Criminal Record Screening Practices (Ban the Box)," prohibits employers with 15 or more employees from asking about an applicant’s criminal record on the initial job application.

Employers may, however, ask about an applicant’s criminal record during the first in-person interview. Nevertheless, the new law provides an important protection to applicants with a past criminal history by allowing them to get “a foot in the door.”

The ban the box law’s definition of employment is broad, including vocational or educational training, with or without pay, contract work, temporary work, or seasonal work. The definition of criminal record is similarly expansive, including but not limited to an arrest, guilty plea, plea of no contest, probation before judgment, or placement on the STET docket.

Applicants are also protected from retaliation by employers for alleging violations of the new law. Employers can be liable for civil penalties up to $300 per violation, although applicants cannot bring a lawsuit for such violations.

In addition to the new protections under the ban the box law, applicants who are discriminated against by a potential employer because of their criminal record may have claims under other anti-discrimination laws, such as Title VII.

If you have been discriminated against by a potential employer because of a past criminal record, the attorneys at Lebau & Neuworth LLC may be able to help. For more information, contact us (410) 296-3030 or lebauneuworth.com/contact-us.

Lebau & Neuworth Applaud EEOC Battle Priorities Against Workplace Discrimination

Equal Employment Opportunity Commission (EEOC) Chair Janet Dhillon recently released strategic priorities on which it seeks to focus in the year 2020. The release gives insight into the categories on which the EEOC is going to focus during the course of the year to help combat discrimination in the workplace. To see the full text of Chair Dhillon’s priorities, click here.

Chair Dhillon announced five priority categories for the EEOC in 2020, and it seems as if customer service is the top priority for the EEOC this year. The EEOC wants to handle employees’ discrimination complaints promptly and fairly while remaining committed to providing excellent Customer Service through its front-line staff. Beyond customer service, the other top priorities are:

Continuing to provide robust compliance assistance. The EEOC will focus on providing high-quality and easy to understand outreach and education throughout private, public and federal sectors; it will prioritize outreach to the small business community.
Enhancing efforts to reach vulnerable workers. The EEOC wants to make adjustments as necessary to ensure that it is identifying, reaching, and effectively serving vulnerable workers -- including immigrants, migrant workers and underserved communities -- throughout the nation’s workforce.
Strategically allocating its resources. The EEOC wants to make a renewed commitment to meaningful and effective conciliation efforts and build on its successful mediation program and conduct its litigation cases as vigorous advocates.
Continuing its efforts to be a model workplace. The EEOC wants to build a productive and diverse workplace, and foster a culture of inclusion and respect among all its employees.

This announcement of priorities is a great news for employees! It truly seems like the EEOC paying close scrutiny in delivering excellent customer service and making itself accessible to everyone including small businesses and vulnerable workers.

If you have any questions or seek information and advice about the EEOC’s procedures and laws pertaining workplace discrimination or any other types of employment issues, please contact Lebau & Neuworth at (410) 296-3030 or lebauneuworth.com/contact-us.

Lebau & Neuworth Presents EEOC’s Enforcement & Litigation Data For FY 2019

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing federal anti-discrimination laws and with which employees must first file a charge of discrimination before being able to sue employers in court, recently released its enforcement and litigation statistics for Fiscal Year 2019. Click here to see the EEOC’s comprehensive statistics.

The FY 2019 saw the lowest number of charges filed with the EEOC in over 20 years. Despite the number of charges being fewer than previous years, a massive total of 72,675 charges of workplace discrimination were still filed with the EEOC in FY 2019. As with years past, claims for retaliation amounted to the largest portion of charges at 53.8%, followed by discrimination involving disability at 33.4%, race at 33%, sex at 32.4%, age at 21.4%, and national origin at 9.6%. The percentages add up to more than 100% given that many charges allege multiple bases for discrimination.

The EEOC filed a total of 144 merits lawsuits alleging discrimination in FY 2019. According to its Agency Financial Report for FY 2019, the EEOC secured more than $486 million for victims of discrimination in FY 2019. Out of that total sum, approximately $346.6 million was secured for discrimination victims in private-sector and state- and local-government workplaces through mediation, conciliation and settlement. Another $39.1 million was recovered for charging parties and aggrieved individuals through litigation.

If you are seeking advice, assistance and representation for a workplace discrimination case, the attorneys at Lebau & Neuworth are experienced in handling EEOC proceedings for all types of employment-discrimination claims, so we may be able to help you. Contact Lebau & Neuworth at (410) 296-3030 or lebauneuworth.com/contact-us.