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.

Supreme Court Delivers Win for Retirement-Plan Participants

Recently in Hughes v. Northwestern University, the Supreme Court issued a favorable decision for participants in employer-sponsored retirement plans, which are governed by the Employee Retirement Income Security Act of 1974 (ERISA).

In Hughes, current and former employees who were participants in Northwestern’s defined-contribution retirement plan filed a class-action alleging that Northwestern violated its fiduciary duty to the plan participants (a requirement that the people running the retirement plan act in the best interests of the plan participants). Specifically, they alleged that the people running the plan did not negotiate low enough fees for record-keeping services and included to many high-cost investment options.

The lower courts rejected the plan participants’ claims because at least some of the options Northwestern offered were sufficiently well-designed to satisfy the university’s duties to the plan participants.

The Supreme Court reversed the lower courts’ decisions because, even if some of the investment options were satisfactory, the plan fiduciaries also had a duty to weed out bad choices that were not good options for the plan participants. Thus, it was not enough for the plan to offer some good choices; it also had to continually monitor the plan and remove the bad choices. The Supreme Court said, “If the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty.”

This decision will likely be a very important one for employees and retirees who participate in defined contribution 401(k) and 403(b) plans because it will potentially require the plans to be more diligent about what investment opportunities the plans offer.

If you think your retirement plan is being mismanaged, the attorneys at Lebau & Neuworth may be able to help. Contact us at 1.888.456.2529 or lebauneuworth.com/contact-us.

Don’t Give Up – Fight For Your Full Retirement Benefits

If you work for a private sector employer and have a retirement pension plan, your rights to those benefits are governed by the federal Employee Retirement Income Security Act, or “ERISA.”

ERISA requires pension plans to provide participants with important plan information including features and funding; sets minimum standards for participation, vesting, benefit accrual and funding; provides fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to get benefits from their plans; and gives participants the right to sue for benefits and breaches of fiduciary duty.

It is very important that you obtain legal advice and counsel promptly if you think your pension benefits are not being calculated correctly or if you have been denied benefits. Further, you must comply with the internal claims process for challenging any miscalculation or denial of your plan benefits. There are strict time periods for doing so.

Recently, Lebau & Neuworth attorneys assisted a nurse at Johns Hopkins University (JHU) Hospital who had worked for there for 38 years and before that worked for more than two years at Baltimore City Hospital, which JHU acquired decades ago. When she retired, JHU credited her with only 38 years of service. She filed an internal claim for benefits, seeking a full 40-year retirement benefit, claiming that JHU had assumed, in writing, the obligations under the Baltimore City Hospital retirement plan.

The initial claim was denied, but Lebau & Neuworth filed an internal appeal for our client and won and she was awarded full retirement benefits. She would have received about $500 less a month if she were only credited with 38 years of service.

We prevailed on the appeal by obtaining the Baltimore City Hospital plan documents and all the JHU plan benefits. We were able to find the language showing that JHU had assumed pension obligations of the City Hospital Plan. We also had to obtain documents proving that our client had worked for City Hospital for more than two years.

Our client is glad she did not give up. She fought for what was owed to her.

If you or someone you know is being denied employee benefits, please do not hesitate to call Lebau & Neuworth at (410) 296-3030 or email us at lebauneuworth.com/contact-us.

Assessing the Impact of Federal Entitlement Benefits on Employment

Lebau and Neuworth partner attorney Richard Neuworth recently made a new and important presentation on the topic of Federal Entitlement Benefits and how they affect employment law.

Those federal benefits that affect employment litigation are:

Social Security (regular benefits)
Social Security (disability benefits)
Medicare (health insurance program)
Medicaid (health insurance program)
Affordable Care Act of 2010 (health insurance program)

To view the presentation, click here.

The topic was timely because of the large numbers of older and disabled workers that left the work force due to COVID 19 since February 2002 through to the present. In fact, many such workers will have difficulty finding other employment.

The issues addressed in the presentation concern how entitlement benefits interface with employment law cases primarily dealing with age and disability discrimination; the Family and Medical Leave Act; health insurance; and causes of action available to Medicare recipients.

The presentation was designed to show how individuals could also keep the proceeds of settlements and/or judgments without jeopardizing federal benefits to which the former or present employee was legally entitled before filing legal actions against past and present employers.

The attorneys at Lebau & Neuworth are well experienced in litigating employee benefits issues. If you need advice, assistance and/or representation for and benefits issue, contact us at (410) 296-3030 or lebauneuworth.com/contact-us.

Lebau & Neuworth Attorneys Provide Updates on Maryland Employment Law Guide

Lebau & Neuworth attorneys Devan Wang and Richard Neuworth recntly made presentations that updated several important chapters on Maryland Employment Law Guide. The July 22, 2021, program, sponsored by the Maryland State Bar Association Labor and Employment Law Section, was designed to updated practitioners on recent developments as a result of COVID-19 and the new Biden Administration and how their approaches differed from the previous administration.

Devan presented on the issue of wages and how the new administration has changed several policies from the previous administration concerning the tip credit rule, the day rate, decisions from the United States Court of Appeals for the Fourth Circuit since the last supplement of the Maryland Law Guide.

To view Devan’s presentation, click here.

Richard presented on the topics of benefits and whistleblowing. With respect to benefits, material was presented concerning the new mini-Warn statute, important changes with respect to COBRA notices and ERISA decisions. He also edited and wrote the chapters on the Fair Labor Standards Act, the Maryland Wage and Hour laws and ERISA in the previous supplement.

To view Richard’s presentation, click here.

If you need legal assistance with any of these employee-related topics, contact Lebau & Neuworth at (410) 296-3030 or lebauneuworth.com/contact-us.

CORONAVIRUS PANDEMIC: COVID 19 Created Additional Ways to Prove Disability in Various Benefits Cases

On July 19, 2021, Lebau & Neuworth partner attorney Richard Neuworth made a presentation on the issues of COVID 19 and Social Security Disability, Workers Compensation and Long-Term Disability to the viewers of Lawline. The program was designed to show that COVID 19 produced a new paradigm that created additional ways to prove disability in Social Security Disability, Workers Compensation and Long-Term disability benefits cases.

Through the program, Richard provided particular emphasis concerning long-haul syndrome and how that increases the ways that claimants can obtain both a source of income and medical coverage for COVID or fears of COVID that prevent individuals from returning to work or their past relevant program.

Richard also offered other information concerning sources that examined what long-haul syndrome is and how it affects individuals depending on age and amount of infection; and other information concerning how to prove disability.

To view all of the information presented by Richard, click here.

The attorneys at Lebau & Neuworth are highly experienced in Worker Disability issues. If you need any advice, assistance and representation for COVID-related disability benefits, contact us at (410) 296-3030 or lebauneuworth.com/contact-us.