Maryland Wrongful Termination Lawyer
Maryland is an "at-will" employment state, which means an employer can fire an employee for any reason, or no reason at all, as long as the reason is not illegal. A firing becomes a wrongful termination (or wrongful discharge) when it violates a clear mandate of public policy, a specific statute, or your protected rights. Understanding where the law draws that line is the first step toward protecting yourself.
Our Maryland wrongful termination lawyers are here to fight for you. You may have a claim if you were fired for:
- Discrimination: Firing you because of your age, race, gender, disability, religion, or national origin.
- Retaliation: Firing you for reporting sexual harassment, requesting FMLA leave, or filing a wage claim.
- Whistleblowing: Reporting your employer's illegal or unsafe activities to a manager or government agency.
- Protected Absences: Being fired for filing a workers' compensation claim or serving on a jury.
- Refusing to Break the Law: Being terminated for refusing your boss's order to commit an illegal or fraudulent act.
At-Will Employment Exceptions in Maryland
Maryland courts and the legislature have carved out three primary exceptions to the at-will doctrine that protect employees from abusive or retaliatory firings:
- The Public Policy Exception: An employer cannot fire you for reasons that violate a clear mandate of public policy — for example, terminating you because you filed a workers' compensation claim, reported a workplace safety violation to OSHA, or fulfilled a legal duty such as jury service.
- The Contract Exception: If your employer promised job security in an employment contract, an employee handbook, or through repeated oral assurances, that promise can override the at-will default. Courts may enforce those commitments as binding obligations.
- Anti-Discrimination and Anti-Retaliation Statutes: State and federal laws — including the Maryland Fair Employment Practices Act (FEPA) and Title VII of the Civil Rights Act — make it unlawful to fire an employee because of a protected characteristic or because the employee engaged in legally protected activity.
If your termination falls into any of these categories, you may have a viable wrongful discharge claim regardless of what your employer puts in a termination letter.
Maryland Wrongful Discharge Act — Md. Code Ann., Labor & Empl. § 11-304
Maryland codified the public policy exception in the Maryland Wrongful Discharge Act (MWDA), found at Md. Code Ann., Labor & Empl. § 11-304. The MWDA makes it unlawful for an employer to discharge an employee because the employee:
- Refused to violate any law, rule, or regulation — for example, refusing to falsify records, commit fraud, or endanger public safety at a supervisor's direction;
- Reported the employer's violation of any law, rule, or regulation to a manager, law enforcement agency, or government body;
- Exercised a right or privilege granted by law, such as applying for workers' compensation benefits or taking legally protected leave; or
- Performed a duty required by law, such as jury service or responding to a subpoena.
A successful MWDA claim can entitle you to reinstatement, back pay, front pay, compensatory damages for emotional distress, and — in appropriate cases — punitive damages. Importantly, the statute can impose personal liability on individual supervisors who actively participate in the unlawful discharge, not just on the corporate employer.
Protected-Class Terminations Under FEPA
The Maryland Fair Employment Practices Act (FEPA), codified at Md. Code Ann., State Gov't §§ 20-601 to 20-611, prohibits employers with 15 or more employees from terminating workers on the basis of:
- Race, color, or national origin
- Sex (including pregnancy) and gender identity
- Sexual orientation
- Religion or creed
- Age (employees 40 and older)
- Marital status
- Disability or genetic information
FEPA offers broader protections than federal law in several respects. Maryland's prohibition on sexual orientation and gender identity discrimination, for example, was enacted before the U.S. Supreme Court extended those protections under Title VII. FEPA claims are administered by the Maryland Commission on Civil Rights (MCCR). You must file an administrative charge with the MCCR within six months of the discriminatory act before you can sue in court. Because Maryland has a designated state agency, the MCCR and the EEOC maintain a worksharing agreement — a charge filed with one agency is typically cross-filed with the other, and the federal EEOC deadline extends to 300 days for claims also covered by federal law.
Retaliation Claims After Reporting Misconduct
One of the most common — and strongest — types of wrongful termination claims in Maryland is retaliation. Both state and federal law forbid employers from punishing workers who stand up for their rights. You may have a retaliation claim if your employer fired you, demoted you, cut your pay, or otherwise took adverse action shortly after you:
- Filed or threatened to file a charge of employment discrimination with the MCCR or EEOC;
- Reported or complained about sexual harassment or a hostile work environment;
- Requested or took FMLA or medical leave;
- Complained about unpaid wages or overtime, or filed a claim with the Maryland Department of Labor;
- Reported a workplace safety violation to OSHA or another regulatory agency; or
- Blew the whistle on your employer's illegal, fraudulent, or unsafe conduct.
Retaliation can be difficult to prove because employers rarely admit the real reason for a termination. Our attorneys know how to identify suspicious timing, contradictory explanations, and other circumstantial evidence that exposes the true motive behind a firing.
Statute of Limitations: How Long Do You Have to File?
Deadlines in Maryland employment cases are strict and unforgiving. Missing a filing window can permanently bar your claim, so it is essential to speak with an attorney as soon as possible after losing your job.
- Maryland Wrongful Discharge Act / common law wrongful discharge: 3 years from the date of termination to file a civil lawsuit in Maryland circuit court (Md. Code Ann., Cts. & Jud. Proc. § 5-101).
- FEPA discrimination claims (state): 6 months (180 days) from the discriminatory act to file an administrative charge with the MCCR. You generally cannot sue in court until the MCCR process is exhausted or a right-to-sue letter is issued.
- Federal Title VII / ADA / ADEA claims: 300 days from the discriminatory act to file with the EEOC (Maryland's status as a deferral state with its own agency extends the federal window from 180 to 300 days).
- Wage retaliation claims under the Maryland Wage Payment and Collection Law: 3 years from the retaliatory act.
Because different claims carry different deadlines — and because some clocks begin running before you may even suspect illegal conduct — consulting a Maryland wrongful termination attorney promptly after losing your job is the single most important step you can take to protect your rights.
Representative Case Outcomes
Every wrongful termination case is different, but the following examples illustrate the range of results Maryland employment attorneys have obtained for clients in comparable situations. These are representative outcomes — past results do not guarantee a similar result in your case.
Retaliation After Reporting Racial Discrimination — $275,000 Settlement
A mid-level manager at a Baltimore-area company was terminated two weeks after filing an internal complaint about racially discriminatory comments made by a senior executive. Despite receiving a strong performance review just two months earlier, the employer cited "restructuring" as the reason for the termination. After internal communications obtained during discovery directly contradicted that stated rationale, the matter settled for $275,000 — covering lost wages, emotional distress damages, and attorneys' fees.
Wrongful Discharge for Refusing an Illegal Directive — $190,000 Recovery
A healthcare worker in Montgomery County was fired after refusing her supervisor's directive to falsify patient billing records in violation of federal healthcare fraud statutes. The claim was brought under the Maryland Wrongful Discharge Act (Md. Code Ann., Labor & Empl. § 11-304). The employer settled for $190,000, encompassing back pay, front pay, and compensatory damages for the significant career disruption caused by the termination.
Age Discrimination in a "Workforce Reduction" — $310,000 Settlement
A 58-year-old sales director in Anne Arundel County was among a group of employees let go during a company-wide "reduction in force." The employer subsequently replaced several of the terminated employees — all of whom were over 50 — with younger workers at lower salaries. A charge filed with the MCCR and EEOC ultimately led to a $310,000 settlement covering back pay, lost benefits, and liquidated damages available under the Age Discrimination in Employment Act (ADEA) for willful violations.
If your situation sounds similar to any of the above, do not assume you lack a viable claim simply because your employer has framed your firing as a "layoff," "performance issue," or "organizational restructuring." Employers routinely construct pretextual justifications. Our attorneys know how to cut through those narratives and surface the evidence that reveals the true reason for your termination.
Fired Illegally in Maryland?
Don't assume your firing was legal. Contact our Maryland wrongful termination attorneys for a free, confidential consultation.
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Practice Areas
Discrimination
Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.
Unpaid Wages & Overtime
Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.
Sexual Harassment
Compassionate and effective representation for sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.
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About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment and wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment and wrongful termination law by Karl Gerber.
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