Baltimore Employment Lawyers

Every workplace conflict has a breaking point. For many employees in Maryland, that point arrives when they need the counsel of Baltimore employment lawyers who can navigate disputes with thoughtfulness and skill. Whether the issue involves discrimination, wage theft, or wrongful discharge, these conflicts rarely occur in isolation. When employees come forward, the challenges often extend into contract disputes, harassment claims, or questions about medical leave.

At Smithey Law Group LLC, Managing Partner Joyce E. Smithey leads a team that handles high-stakes litigation with precision and authority across Maryland courts. Our clients benefit from advocates who understand both state and federal protections. We work to meet deadlines, preserve evidence, and tailor a strategy to the unique facts of your case. For Maryland employers, retaining a skilled labor attorney in Baltimore can mean preventing a costly lawsuit by correcting internal policies before they trigger litigation.

Award-Winning Baltimore Employment Attorney with Over 20 Years of Experience

If you need legal advice or representation for an employment-related matter, you need experience you can trust. Baltimore employment lawyer Joyce E. Smithey has over 20 years of experience working with employers and employees throughout Maryland, combined with extensive collective experience among the other attorneys at the firm. She advises Maryland businesses on appropriate employment practices and claim prevention, while representing both employers and employees in employment-related disputes and litigation.

As an experienced Baltimore labor lawyer, Ms. Smithey is recognized as an authority on employment law in Maryland, providing savvy, forward-looking representation for companies and individuals throughout the state. She and her team are ready to assist you with any labor or employment law matter.

Ms. Smithey is also a certified mediator in employment disputes. She can help employers and employees resolve all of the legal issues above in an effective manner that protects their privacy and saves time and money through the confidential process of mediation. In this capacity, Ms. Smithey serves as a neutral third party utilizing conflict resolution skills to help the parties reach a mutually satisfactory agreement.

Learn more about our Baltimore employment attorneys’ areas of practice.

Why Is Working with Baltimore Employment Lawyers Important?

Federal and state laws, such as Title VII of the Civil Rights Act, the Family and Medical Leave Act (FMLA), and the Maryland Fair Employment Practices Act (FEPA), provide broad protections for Maryland employees. But the real challenge comes in enforcing them. A skilled employment law attorney in Baltimore not only knows how to interpret these statutes but also how to build a narrative for the court that demonstrates how an employer’s actions violated them.

Timing, documentation, and witness testimony often decide whether a case succeeds or fails. Without representation, employees risk losing valid claims. Without guidance, employers risk escalating disputes that could have been resolved quietly and amicably.

What Does an Employment Law Attorney in Baltimore Handle? Services and Experience

The team’s employment and labor law experience encompasses working with private employers, as well as both private and public sector employees. Ms. Smithey and her team have extensive knowledge of both Maryland and federal employment law. They have represented clients in several highly publicized cases in both state and federal courts.

We handle cases in Baltimore and throughout Maryland that are related to all facets of employment and labor law, such as:

• Class actions. Ms. Smithey and her team represent groups of employees who have been similarly affected by an employer’s illegal activities, such as discrimination or harassment in the workplace. They can advise you whether a class action may be in your best interest.
• Representation of public sector employees. Additional legal protections are available to public sector employees. Our Baltimore employment attorneys can assert your rights and make sure you are protected in the workplace.
• Employment contract and severance negotiations. If the employer and employee have agreed to end the employment relationship, Ms. Smithey and her team can advocate for their client’s needs during a contract and severance negotiation.
• Restrictive covenants and non-competes. The Smithey team can work with employers to develop restrictive covenants and non-competes that protect their legitimate business interests. They can also represent employees who are being restrained from finding employment due to these agreements.

When advising employers, our Baltimore employment attorneys focus on mitigating their risk exposure while finding cost-effective solutions to their legal needs. We are advocates for employees in Baltimore, MD, and our attorneys take an aggressive and comprehensive approach to protecting our clients’ legal rights.

What Laws Protect Maryland Employees?

Because Maryland is an at-will employment state, employers enjoy considerable freedom in hiring and firing employees, including the reasons for termination. In fact, at-will employment means that an employer is free to terminate an employee for any reason or no reason at all. But this freedom is not absolute.

Wrongful Discharge

While Maryland is an employment-at-will state, there are specific instances when employers cannot legally terminate an employee. These limitations can be attributed to public policy concerns. Rest assured that Ms. Smithey and her team can help employees who are victims of wrongful discharge, as well as employers who are facing charges of this nature.

Discrimination

The Civil Rights Act of 1964 is a federal law that guarantees employees the right to be free from discrimination based on protected class statuses, including race, color, national origin, sex, religion, and disability. In fact, this prohibition against discrimination supersedes the “at-will” employment status in our state.

If you believe that you have been fired for a discriminatory reason, then you can sue your employer for wrongful termination. The Baltimore discrimination lawyers can help employees fight for their right to a workplace free from discrimination. Our Baltimore discrimination attorneys also assist employers in developing policies that prohibit discrimination in the workplace.

Equal Pay Act

While the Equal Pay Act is separate from the Civil Rights Act, it also addresses the issue of discrimination, focusing solely on discriminatory pay practices. This Act ensures that men and women receive equal pay for performing similar work. If there is a disparity in the salaries men and women make, our Baltimore employment attorneys fight to assert your rights under the Equal Pay Act.

What Requirements Exist for Employers?

There are specific requirements that employers must follow when they have a certain number of employees. These requirements include:

• Medical leave. The FMLA provides medical leave for certain employees who meet the requirements under federal law. Ms. Smithey and her team can provide guidance to Baltimore employees and employers on their rights under the FMLA.
• Wage and hour issues. The Smithey team assists Maryland employers and employees in resolving wage and hour issues, including unpaid wages and overtime hours.
• WARN Act violations. The WARN Act requires certain employers to provide advance notice to employees before shutting down a plant or facility. If an employer violated this law, Ms. Smithey or another firm lawyer can help employees seek recourse.

Despite their seemingly endless power over you while on the job, there are certain things that your employer cannot do to you, such as:

• Defamation. If your employer has made negative and untrue statements about you to prospective employers, Ms. Smithey and her team can provide effective legal assistance. They help employees who are victims of defamation and are facing difficulties finding new employment opportunities due to negative statements and reviews from former employers.
• Disability accommodations. If you are disabled, you have the right to a reasonable accommodation under state and federal law, and we can help you fight for the accommodations you need to perform your job. Our team can also advise employers on disability accommodation matters to help them stay compliant with the law.
• Retaliation and reprisal. The law restricts employers from retaliating against employees who take certain actions, such as filing a discrimination, disability, or sexual harassment claim, or if an employee becomes a whistleblower. Our experienced Baltimore employment attorneys represent both employers who are charged with retaliation and employees who are lodging such a claim.
• Sexual harassment. Employees have the legal right not to be subject to sexual harassment that is so frequent or severe that it alters the terms and conditions of employment. Ms. Smithey and her team of highly skilled Baltimore employment attorneys can help harassed employees fight to protect their rights in the workplace.
• Workplace privacy. We work closely with Maryland employers to develop policies related to workplace privacy that serve their interests and remain compliant with current law. They can also represent employees whose privacy was violated.

Employees have certain rights on the job, including the right to privacy in certain circumstances and the right to protect their professional reputation. When an employer violates these rights, hiring a lawyer with experience in employment disputes is crucial.

Statute of Limitations for Employment Matters

If you think you might need a Baltimore employment lawyer, acting sooner rather than later is essential. This is because you have a limited timeframe to file a claim in court, also known as the statute of limitations. Maryland’s default law states that you have three years to file a lawsuit, beginning on the date of the initial action that led to the lawsuit.

That said, the statute of limitations can vary based on the kind of claim, especially if you are thinking about filing an employment claim. Some other statute of  limitations periods to know include:

• Discrimination claims under FEPA—six months if filing with the Maryland Commission on Human Rights;
• Harassment claims under FEPA— maximum of two years;
• Discrimination claims under Equal Employment Opportunity Commission (EEOC)—300 days to file at the federal level; and
• Wage claims under the Maryland Wage and Hour Law—limitations of three years.

A qualified attorney will be able to help you determine what statute of limitations applies to your case.

Settlement

Settlements can be a valuable method to resolve your case, especially in situations where you’d prefer to resolve it soon rather than wait for a hearing or trial. A Baltimore employment law attorney will be your best resource in deciding whether a settlement is a good option for your claim.

Possible Outcomes in Employment Cases

When an employee proves a workplace violation, Maryland law allows for meaningful remedies. Depending on the specific claim and the harm suffered, available relief may include:

• Reinstatement to the former position or a comparable role,
• Back pay for lost wages and benefits up to the judgment,
• Front pay when reinstatement is not practical or appropriate,
• Compensatory damages for emotional distress or financial losses, and
• Punitive damages in cases involving willful or malicious misconduct.

These remedies exist to correct the harm and deter future violations. Maryland courts can impose substantial relief when the evidence supports it.

Steps to Take If You Think Your Workplace Rights Have Been Violated

When something feels wrong at work, you may not know what to do first. The choices you make early can protect your job, your income, and your ability to bring a claim. These steps can help you get organized and stay safe while you determine the next steps.

Beginning with these simple actions can give you clarity and help your attorney understand what happened:

• Write down what happened. Keep a short timeline of dates, conversations, schedule changes, or comments that stood out.
• Save messages. Emails, texts, and memos often show patterns or sudden changes in treatment.
• Hold onto key documents. Store pay stubs, time sheets, warnings, evaluations, and policies somewhere safe.
• Avoid signing anything. Don’t sign agreements, write-ups, or resignation letters without guidance.
• Reach out for help early. Talking with an attorney before taking action can help prevent mistakes that harm your case.

These steps help you collect the pieces of information your lawyer can use to explain what happened and build a robust case that supports your position.

How to Start a Maryland Employment Claim in Baltimore

When an employment issue surfaces in Maryland, most people don’t realize that where you start can determine how far your case goes.

In Baltimore, disputes involving discrimination or retaliation typically begin by first being filed with the Maryland Commission on Civil Rights or the local EEOC field office, each with its own specific filing rules and deadlines. Wage claims may begin with the Maryland Department of Labor before ever reaching a court. Some matters can even be resolved at the agency level before litigation becomes necessary.

However, employees and employers often struggle to understand which office has authority over a particular issue or how quickly they must act to preserve their claims or defenses. That’s where working with a labor attorney, whom Baltimore employees and employers trust, is so important. Local counsel knows which agency to contact, what documentation to gather, and how to prevent a procedural mistake from shutting down a valid claim before it starts.

Understanding How an Employment Law Firm Supports You

Every employment law issue is unique for each worker. A Baltimore employment law firm provides guidance based on your goals, your documents, and the facts of your case. Some people want to save their jobs, while others want a safe exit or compensation for what happened.

An employment law firm can help you:

• Weigh your options so you understand the risks and benefits of each path;
• Respond to employer misconduct such as retaliation, harassment, or sudden job changes;
• Negotiate fair terms, whether you are leaving a job or trying to correct an ongoing problem;
• Prepare for agency filings so you don’t miss important deadlines; and
• Develop a plan for your future so you can move forward with stability.

You don’t have to handle everything alone. Legal support helps you take back control quickly and safely.

Additional Local Resources for Baltimore Workers

Baltimore employees often need more than legal support. Local agencies and state offices offer information, complaint forms, and additional protections. Here are resources many workers find helpful:

• Maryland Commission on Civil Rights (MCCR)—handles state discrimination complaints and enforces FEPA ;
• EEOC Baltimore Field Office—investigates federal employment discrimination claims;
• Maryland Department of Labor—provides wage claim forms and information about unpaid wages or overtime ;
• Maryland Legal Aid—offers free legal assistance for low-income workers facing employment issues;
• Maryland Women’s Law Center Employment Law Hotline—offers guidance for workers experiencing harassment, discrimination, or other workplace problems ;
• Bar Foundation of Montgomery County Pro Bono Program—connects eligible workers with free legal support for employment-related claims; and
• Maryland Court Help Center—gives free guidance on filing claims, deadlines, and court procedures.

These resources can help you understand your situation, but partnering with an attorney can help you determine your best course of action.

Frequently Asked Questions from Baltimore Employers

Q: How Can I Limit My Company’s Exposure to Employment-Related Claims and Litigation?

Employers in Maryland are subject to a wide range of state and federal employment and labor laws. Mitigating claim exposure requires the development and active implementation of a customized and comprehensive compliance program focused on policy documentation, procedural enforcement, and employee education. An experienced Baltimore employment lawyer can help you develop a customized program tailored to your company’s needs.

Q: When Is an Employee Entitled to Take Job-Protected Medical Leave?

Under the FMLA, private employers with 50 or more employees are required to provide unpaid, job-protected medical leave to eligible employees with qualifying medical conditions. Knowing when employees are entitled to take protected leave and how to implement an appropriate certification policy requires a thorough understanding of several key provisions of the FMLA.

Q: What Disability Accommodations Are Employers Required to Provide in Maryland?

Employers in Baltimore, MD, are subject to the requirements of the Americans with Disabilities Act (ADA), the Fair Housing Amendments Accessibility Guidelines, and specific Maryland state requirements. Similar to FMLA compliance, disability law compliance requires a comprehensive approach guided by a thorough understanding of all applicable laws and guidelines. Contact our highly knowledgeable and proven Baltimore employment lawyers to discuss your case.

Q: What Are My Rights If I Lost My Job or Got Passed Over for a Promotion on a Discriminatory Basis?

State and federal laws protect employees against discharge and other employment-related decisions made based on age, disability, family responsibilities, genetic status, marital status, national origin, political affiliation, pregnancy, race, religion, sex, or sexual orientation. If you believe you may be a victim of discrimination in the workplace, it is important that you speak with an experienced Baltimore employment lawyer right away.

Q: I Am Being Subjected to Sexual Harassment at Work. What Are My Rights?

Sexual harassment is considered a form of discrimination, and it is not tolerated under the law. Employers in Baltimore, MD, must take appropriate measures to provide their employees with safe work environments. If you are being harassed at work, you need to stand up for your legal rights. Contact our Baltimore employment attorneys today.

Q: My Employment Contract Contains a Non-Competition Clause. What Can I Do for Work?

Under Maryland law, only certain non-competition clauses are enforceable. If your employment contract contains a non-compete, one of the first questions you need to address is whether it is likely to hold up in court. Baltimore employment lawyer Joyce Smithey and her team have extensive experience dealing with non-compete issues in Maryland and can help you assess your options.

Q: I Think I Was Wrongfully Terminated, but I Know That Maryland Is an “At-Will” Work State. How Do I Know If My Termination Was Wrongful?

Even in an “at-will” work state, where employers can essentially fire you for any reason, or no reason at all, there are limits to this freedom. Here are some instances where you cannot be legally terminated:

• Breach of implied contract. Words that your employer used during the hiring process, or even words written in an employment manual, can form the basis of an implied contract. For instance, if you were told that you would keep your job as long as productivity remained at 80%, and that standard was met, but you were fired anyway, you may have a cause of action for wrongful termination.
• Breach of actual contract. If you have an actual employment contract, then you are not really operating under “at-will” employment. Breach of your contract can potentially lead to a wrongful termination claim.
• Public policy. Public policy dictates that employees cannot be fired for filing a workers’ comp claim, demanding to be paid at least minimum wage, demanding to be paid for overtime, taking FMLA leave, refusing to tolerate unsafe working conditions, refusing to take part in illegal activities ordered by the employer, whistleblowing, missing work due to jury duty, or missing work due to military service.
• Discrimination. The Civil Rights Act of 1964 and its subsequent amendments are federal laws that prohibit employers from discriminating against individuals based on their status in any protected class. This includes but is not limited to race, religion, sex, gender identity, sexual orientation, pregnancy, age, or disability.
• Harassment. Sexual harassment is not allowed on the job, and the victims of such harassment cannot legally be fired for failing to participate or for filing a grievance.

If you are unsure whether your termination was wrongful, the Smithey Law Group can review your case and help you chart the best course of action.

Q: What Exactly Are “Whistleblower Laws” and How Do They Relate to Me?

These laws prohibit employers from taking any negative action against employees who report abuse of authority, massive financial waste, gross mismanagement, illegal activity, or public health and safety hazards caused by their employer. Such an employee can and should report this behavior to the relevant government authorities. Then, the applicable laws take effect, prohibiting employers from retaliating against any employee who reports wrongdoing.

Q: Do You Have to Be Working at a Company for Discrimination Laws to Apply to You?

No. The law that prohibits discrimination in the workplace also applies to the hiring process. Even during the interview, there are certain areas that the interviewer should avoid.

For instance, it is okay for an interviewer to ask some types of personal questions, such as “What are your favorite hobbies?” or “What is your favorite color?” However, they are not allowed to ask you about your age, religion, gender identity, ancestry, or any question that is discriminatory as described in the Civil Rights Act of 1964.

Q: I Want to Sue My Employer for Discrimination. What Kind of Evidence Will I Need?

This can get a little tricky. If you feel that you were discriminated against, you may find yourself thinking, Well, yeah, but how in the world would I prove it in court? This is a logical question, given that so much discrimination often occurs in private settings. So what types of evidence can you begin collecting to help with your claim?

First, your Baltimore employment attorney will be able to assist you greatly after listening to your case. But here’s a general guideline for seeking evidence to support your claim:

• Comments overheard by other employees. If your employer made any discriminatory statements to you in front of colleagues, go back and speak to them about it and see what they remember and if they’d be willing to testify, at least at a deposition, as to what they heard. Some people will, understandably, be fearful of reprisals from the boss, which is also illegal behavior that can be pursued separately should it occur.
• Discriminatory actions witnessed by others. If any of the discriminatory behavior happened where another person could see it, this is also good evidence. So, again, ask your peers if they have ever seen the discriminatory behavior, and you might get a witness or two on your side.
• Jobs or promotions. Given to others who have less experience and are less qualified than you, but who belong to a different race, religion, sex, etc., than you.

This is not an exhaustive list, but it serves as a good starting point for seeking evidence to support your claim.

Q: What Is the Maryland Healthy Working Families Act?

This law became effective in Maryland in February 2018. It requires that employers with 15 or more employees provide up to 40 hours of paid sick leave per year for eligible employees. Employees are eligible if they are over 18 years of age and work more than 12 hours per week. However, for employers with 14 or fewer employees, the requirement is to provide up to 40 hours of sick leave per year, which can be unpaid.

Keep in mind that this act generally only covers regular employees of a company as opposed to independent contractors or workers who operate on an “as-needed” basis. But, for qualifying employees, this can be a source of great relief, as they can use this time for their own physical or mental wellness or to address the health concerns of a family member. Of course, this plan includes maternity and paternity leave.

But what you may not expect is that it also covers leave that may need to be taken after a domestic violence incident or a sexual assault on the employee or one of their family members. Violations of this law can result in the imposition of up to three times the damages, also called treble damages.

Q: What Happens If an Employee Files Both an EEOC Charge and a Maryland State Complaint?

An attorney can determine whether dual filing is necessary, as many claims can be cross-filed between the EEOC and MCCR. Strategic choices about where to file affect timelines, remedies, and even settlement opportunities.

Q: How Can Small Businesses Avoid Being Overwhelmed by Compliance Obligations?

Many smaller employers lack human resources departments. An employment law attorney in Baltimore can help provide training, draft policies, and promote compliance without the overhead of a full-time HR staff. This proactive approach often saves money compared to defending lawsuits after violations occur.

Q: Do the Same Employment Laws Protect Gig Workers?

Maryland courts often consider the reality of the relationship rather than the label used. Even if a gig worker functions as an independent contractor, they may still be entitled to protections, such as minimum wage, overtime, and anti-discrimination rights. Baltimore employment lawyers help workers challenge misclassification while assisting businesses in structuring lawful independent contractor arrangements.

Q: Can I Bring a Claim If I’m Still Employed?

Yes. Many workers file claims while they are still employed. You do not need to quit or wait to be fired. Maryland and federal laws protect you from retaliation when you report discrimination, harassment, wage theft, or unsafe conditions. An attorney can help you take action safely while you remain employed.

Q: What Should I Do If HR Doesn’t Take My Complaint Seriously?

If HR ignores your complaint or brushes it aside, you still have legal options. You can document what happened, gather evidence, and speak with an attorney about the next steps. A lawyer can help you file with the EEOC, the Maryland Commission on Civil Rights, or another agency if needed.

Q: How Long Does an Employment Case Usually Take?

The timeline varies depending on the facts of your case, the agency involved, and whether the dispute settles early. Some cases resolve within a few months, while others take longer if they progress into litigation. An attorney can help you understand what to expect based on your situation.

Q: Do Maryland Laws Protect Remote Workers?

Yes. If you work from home for a Maryland-based employer, you still receive protections under Maryland wage, discrimination, and leave laws. Your rights apply even if you never set foot in the office.

Take the Next Steps with Smithey Law Group’s Experienced Counsel in Baltimore

Employment disputes are rarely straightforward. Whether you are an employee facing harassment, a manager accused of retaliation, or a business seeking to update its policies, the guidance of seasoned counsel matters.

At Smithey Law Group LLC, our team of Baltimore employment lawyers draws on decades of combined litigation, teaching, and writing experience to deliver informed and practical representation. From boardroom training to courtroom advocacy, we stand ready to help Maryland workers and employers resolve the conflicts that matter most.

Smithey Law Group approaches every case with preparation, precision, and a profound understanding of Maryland employment law. We help you respond to conflict, protect your interests, and make informed decisions about what comes next.

Schedule a Confidential Consultation with an Experienced Baltimore Employment Lawyer

To learn more about employers’ obligations and employees’ rights in Maryland, contact one of our experienced Baltimore employment attorneys for a confidential consultation. To schedule an appointment, call (410) 881-8154 or contact us online today.

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