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Under state and federal law, employers in Maryland are subject to a number of restrictions when it comes to retaliating against their employees. These restrictions apply to both private and public employers, including the State of Maryland.
For employers, retaliation claims can have significant financial consequences, not to mention the operational and public relations ramifications that tend to flow from a successful retaliation lawsuit filed by an employee.
As an employee in Maryland, if you believe that you may have faced retaliation in the workplace, it is important to stand up for your legal rights.
If you have a retaliation claim and your claim is successful, depending on the nature of your case, you may be entitled to recover double back pay plus your legal fees and other damages.
However, pursuing a successful retaliation or reprisal claim can be a challenge; to protect your rights, you will want to have an experienced employment law attorney on your side.
Workplace retaliation lawyer Joyce E. Smithey represents employers, as well as public and private employees, in matters involving allegations of retaliation and reprisal. If your company has been accused of retaliating against an employee, or if you have faced retaliation or reprisal as a result of blowing the whistle or exercising your legal rights, contact Ms. Smithey today for a confidential consultation.
Understanding Workplace Retaliation in Maryland
Workplace retaliation is one of the most common issues in Maryland employment law. It can occur in a wide range of scenarios, from firing or demoting an employee to more subtle forms of retaliation, such as changing schedules, isolating the worker, or giving negative performance reviews without justification.
These acts may be motivated by the employer’s desire to punish or discourage the employee from speaking out, reporting misconduct, or asserting their rights. When an employer takes adverse action against a worker for engaging in legally protected activity, that behavior may give rise to a valid retaliation claim.
Understanding what qualifies as retaliation and your rights under the law can empower you to take the next steps with confidence. A knowledgeable workplace retaliation lawyer can help you assess your situation and determine how to move forward.
Examples of Protected Employee Conduct
There are several examples of employee conduct wherein any employer retaliation or reprisal is prohibited. Perhaps the most well-known is the practice of “whistleblowing” – reporting illegal activity, abuses of authority, severe health and safety violations, and certain other improper practices. However, whistleblowers are not the only employees who the law protects against retaliation. Other examples of protected conduct include:
- Filing a workers’ compensation claim,
- Demanding proper wages or overtime pay,
- Taking leave for medical reasons or to care for a family member,
- Requesting accommodations for a disability,
- Participating in an internal or government investigation,
- Refusing to engage in illegal acts at work, and
- Any other conduct that is specifically protected by law.
Not every adverse workplace action is illegal. Employers have discretion in making employment-related decisions, including hiring, firing, and promoting workers. However, you may have a valid claim if an employer takes action against you for asserting these rights.
Some of the federal laws that prohibit employment-related retaliation include:
- Americans with Disabilities Act (ADA),
- Civil Rights Act (Title VII),
- Equal Pay Act,
- Fair Labor Standards Act (FLSA),
- False Claims Act, and
- Occupational Safety and Health Act (OSHA).
Maryland also has specific laws that safeguard employees from retaliation, such as:
- Maryland Fair Employment Practices Act (FEPA),
- Maryland Wage and Hour Law, and
- Maryland Whistleblower Law.
In addition, the Maryland State Personnel and Pensions Code prohibits the State of Maryland, including all branches and units except the Department of Transportation and the University System of Maryland, from “coercion, discrimination, interference, reprisal, or restraint,” based upon a state employee’s decision to pursue a grievance, complaint, or action against their employer.
Examples of Prohibited Retaliatory Action and Reprisals
Retaliation, like protected conduct, can take many forms. Termination is certainly among the most severe – and perhaps most common – form of retaliation. However, lesser forms of “punishment” and “discipline” will support retaliation and reprisal claims, as well. Examples of prohibited retaliatory action include:
- Termination of employment,
- Demotion or passing over for promotion, and
- Any other employment-related decision or form of employment-related discrimination based upon an employee’s protected conduct.
Some employers are subtle in their retaliatory behavior, making it harder for employees to recognize or prove unlawful conduct. Instead of firing someone outright, they might:
- Reduce the employee’s hours or cut their pay;
- Exclude the employee from meetings, projects, or communications;
- Assign undesirable tasks or shifts;
- Suddenly issue poor performance reviews despite prior praise; or
- Initiate unfounded disciplinary actions.
Even post-resignation retaliation, such as giving a negative reference, blacklisting in your industry, or interfering with your unemployment benefits, may be grounds for a claim.
These indirect tactics can still be part of a larger pattern of retaliation. By documenting all incidents and working with a skilled workplace retaliation lawyer, you can begin building a case that exposes the truth.
The Key to a Successful Retaliation Claim: A Causal Link
In any case, the key to a successful retaliation claim is for the employee to establish a causal link between his or her protected conduct and the employer’s action. Generally speaking, it is not enough for an employee to simply establish, for example, that they were fired after reporting a potentially dangerous safety violation. The firing could be unrelated, or the timing could be completely coincidental, and if that is the case, the employee will not have a claim for retaliation.
That said, there are a number of ways, both direct and indirect that employees can demonstrate a causal link between their protected activity and their employers’ subsequent conduct. These days, one of the most common forms of direct evidence is email communication. There have been many retaliation and reprisal cases in which company executives’ or managers’ own words have been used to prove that an employee was entitled to compensation.
As an example of indirect evidence, if a long-time employee with a history of positive reviews is suddenly fired after filing a workers’ compensation claim, the timing alone can be suggestive of unlawful retaliation.
Retaliation and reprisal claims can easily become quite complex. To protect your interests—as an employer or an employee—it is critical to have experience on your side.
Remedies Available in Retaliation Cases
Significant remedies may be available to employees who succeed in proving employer retaliation. Remedies may include:
- Reinstatement to their job or a comparable position,
- Back pay for lost wages and benefits,
- Front pay if reinstatement is not feasible,
- Compensatory damages for emotional distress,
- Punitive damages in severe cases, and
- Coverage of attorney fees and legal costs.
Employers liable for retaliation may also face corrective orders to revise internal policies or implement training. These consequences underscore the importance of addressing complaints seriously and lawfully.
Each case is different, and the type and amount of compensation available will depend on the specific facts, evidence, and damages involved.
How Employers Can Reduce Legal Risk
For employers, preventing retaliation is not only about avoiding lawsuits—it’s about building a healthy workplace culture. Companies can protect themselves and their employees by:
- Creating and enforcing clear anti-retaliation policies,
- Training supervisors on compliance and proper responses to complaints,
- Establishing confidential reporting channels,
- Ensuring disciplinary actions are well-documented and based on consistent standards, and
- Seeking legal guidance when making decisions that may intersect with protected conduct.
Taking these steps reduces liability and builds employee trust and engagement. An experienced Smithey Law employment attorney can assist employers with reviewing internal policies, training leadership, and developing response strategies that comply with Maryland and federal law.
If your business is already facing a retaliation complaint, our attorneys can step in to conduct internal investigations, analyze documentation, and build a strong legal defense. We work with employers to ensure compliance, minimize disruption, and protect reputational and financial interests.
Workplace Retaliation Frequently Asked Questions
What Should I Do If I’m Experiencing Workplace Retaliation?
Start by documenting everything—emails, performance evaluations, conversations, and any changes to your job responsibilities. Keep a detailed record of dates, incidents, and names of anyone involved. If your employer has an internal complaint procedure, follow it to report the issue formally. Then, consult a workplace retaliation lawyer to help evaluate your case and protect your rights. Avoid quitting your job before speaking with an attorney, as it may impact your ability to recover certain damages.
Can I Be Fired for Reporting My Employer’s Illegal Behavior?
No. The law protects you from retaliation if your report involves protected activity, such as filing a complaint or participating in an investigation. A workplace retaliation attorney can help you determine the strength of your claim.
Does Retaliation Have to Involve Being Fired?
Not at all. Retaliation includes any adverse employment action that would discourage a reasonable person from engaging in protected activity. This can include demotion, reassignment, salary reduction, or workplace isolation.
What If the Retaliation Took Place After I Left the Company?
You may still have a claim. Retaliation doesn’t end when employment ends—blacklisting, bad references, or attempts to interfere with future opportunities can all be actionable.
How Much Time Do I Have to File a Retaliation Complaint?
Depending on your situation, you may have between 180 and 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC). State law deadlines may differ. Speak with a Smithey Law workplace retaliation attorney as soon as possible to protect your right to file under state and federal statutes of limitations.
Schedule a Confidential Consultation with Maryland Employment Attorney Joyce E. Smithey
Whether you’re facing unjust treatment or navigating a retaliation complaint as an employer, we’re here to help. Smithey Law Group’s experience in employment law gives you the tools and support you need to move forward confidently.
Smithey Law is a leader in employment law throughout Maryland and beyond. Led by Joyce Smithey—a published author, lecturer, and the primary author of the Fourth Edition of the Maryland Rules Commentary—our respected attorneys are thought leaders and authorities in the field.
We focus on labor and employment matters, bringing unmatched depth and precision to every case. Our team includes members of the Maryland State Bar Association’s Board of Governors and Labor and Employment Section Council, and we’ve earned national accolades from Lawdragon, Chambers USA, Super Lawyers, and more. When you choose Smithey Law, you get award-winning advocacy, deep subject-matter knowledge, and a firm that sets the standard in employment law.
If you would like more information about filing or defending against a retaliation claim in Maryland, feel free to schedule a consultation with employment lawyer Joyce Smithey. With offices in Annapolis, Ms. Smithey represents employers and employees statewide. To discuss your case in confidence, call Smithey Law Group LLC or get in touch online today.