Suddenly losing your job is not only shocking but deeply distressing. Further, a sudden loss of employment throws all your financial security out the window and you now have to focus on meeting your financial needs along with untangling the circumstances of your termination. In this guide, we will discuss what it means to be an “employee at-will,” what constitutes wrongful termination, and what to do immediately after you are suddenly, and wrongfully, terminated.
What Is At-Will Employment?
First, keep in mind that an overwhelming majority of Americans are considered “at-will” employees. At-will employment means that the employee does not have an employment agreement and the employer can fire the employee for any reason or no reason, and with or without notice. That all said, those reasons cannot be illegal or against public policy. As an employee, you still have significant protection under federal and state law from suffering wrongful discharge.
What Is Wrongful Termination?
Wrongful discharge, or wrongful termination, generally falls under one of three categories: breach of contract, discrimination, or violation of public policy.
Breach of Contract
Although you most likely do not have an employment agreement, it is always a good idea to check. If you have a written, or even an oral, agreement with your employer, that agreement should outline the conditions of terminating employment. If your employer terminated you for any reason other than those outlined in the agreement, it may constitute wrongful termination.
Discrimination
Termination of employment due to discrimination is illegal under both federal and state laws. Discrimination occurs when your employer terminates you based upon:
- Race,
- Ethnicity,
- Color,
- Gender,
- National origin,
- Religion,
- Military or veteran status,
- Disability,
- Age,
- Sexual orientation,
- Gender identity,
- Marital status, and
- Pregnancy status.
If you believe your employer terminated you for any of the above reasons, then you may have been wrongfully terminated. We also encourage you to review the most updated list with the U.S. Equal Employment Opportunity Commission.
Violation of Public Policy
Maryland law recognizes that certain reasons for termination are so unfair or harmful to the public good that they violate public policy. This category covers several situations, including whistleblowing, refusing unsafe work, taking protected leave, performing civic duties, or facing retaliation for exercising legal rights.
Whistleblowing
Whistleblowing means that a person has reported improper or illegal conduct by their employer to a government agency. Whistleblowing usually results from employer activities involving:
- Fraud,
- Criminal activity, or
- Unsafe conditions.
Importantly, whistleblowing also protects an employee who refuses to participate or “look the other way.” Equally important is that you do not have to be right when whistleblowing to be protected (i.e., you can be wrong and still receive whistleblower protection).
Unsafe Conditions
If you refuse to work for your employer because of unsafe work conditions, your employer cannot terminate you. Generally, employees do not have to work if work conditions involve:
- Unsecure or dangerous equipment,
- Blocked exits,
- Unsafe stairs,
- Poor lighting, or
- Slippery or debris covered floors.
The above list is not complete, so consider discussing any questionable work conditions with experienced Baltimore wrongful termination lawyers.
Protected Leave
If you take advantage of extended leave due to the Family Medical Leave Act or the Pregnancy Discrimination Act, it is illegal for your employer to terminate you as a consequence.
Civic Duty
Your employer cannot terminate you for fulfilling jury duty obligations or participating as a witness in a trial. If you are absent from work for these reasons, you cannot lose your job as a result.
Retaliation
Often, an employer wrongfully discharges an employee in retaliation for a certain activity. For instance, if you were terminated because you reported sexual harassment or filed for workers’ compensation benefits, then your employer acted illegally.
What Is Constructive Discharge?
Sometimes an employer does not fire you outright. Instead, they make working conditions so intolerable that you feel you have no choice but to resign. This is known as constructive discharge. Maryland and federal courts may treat constructive discharge as a form of wrongful termination when the employer deliberately creates or knowingly allows working conditions so intolerable that any reasonable person would feel compelled to resign. Examples include relentless harassment, demotions designed to humiliate, or sudden pay cuts targeted at forcing you out. If you left your job under these circumstances, you may still bring a wrongful termination claim.
Document when the treatment started, who participated, and how your working conditions changed over time. Even if your employer labels your departure as a resignation, you may still be protected if your employer engineered the exit.
Talking to experienced wrongful termination attorneys can help you determine whether your resignation qualifies as constructive discharge under Maryland and federal law.
What Should I Watch for When It Comes to Severance Agreements and Employer Tactics?
Some employers offer severance packages to discourage employees from filing legal claims. The offer may look generous, especially when income suddenly stops, but the fine print often includes waivers of your rights. You do not have to sign anything immediately, and you should never feel pressured to accept severance before speaking with an attorney. Waiting a few days to review a severance agreement will not cost you money—but signing too quickly can.
Employers sometimes tie severance to confidentiality agreements, releases of discrimination claims, or broad promises not to sue. In some cases, the severance itself is a sign that the employer knows their actions were questionable. Never sign a severance agreement without carefully reviewing it. Employers draft these documents to protect themselves, not you. An experienced Baltimore wrongful termination attorney can review the terms, explain what rights you may be giving up, and negotiate for stronger compensation or more favorable terms.
What Damages Can Wrongful Termination Lawyers Help Me Recover?
Wrongful termination does more than interrupt a paycheck—it disrupts stability, confidence, and future career opportunities. If you prove your claim, you may be entitled to several types of compensation:
- Lost wages and benefits—back pay covering the income and benefits you lost because of the termination;
- Front pay—compensation for the wages you would have earned in the future if reinstatement is not possible;
- Emotional distress damages—payment for the stress, anxiety, or reputational harm you suffered as a result of the termination;
- Attorney fees and costs—compensation for the cost of legal representation; and
- Punitive damages—to punish the employer and deter future misconduct in rare cases involving extreme or malicious conduct.
Every case is different, and the remedies available will depend on the law applied and the facts you can prove. That is why careful documentation and working with a wrongful termination law firm early on are so important.
FAQs
How Long Do I Have to File a Claim?
Deadlines move quickly. If your termination involved discrimination or retaliation, you may need to file with the Equal Employment Opportunity Commission within 300 days. Some Maryland claims fall under even shorter timelines, depending on the employer and the legal basis. Missing the deadline can result in your case being barred entirely. Mark important dates, gather documents immediately, and speak with an attorney to avoid losing your right to recover damages.
What Evidence Helps Prove Wrongful Termination Beyond Emails?
Emails and texts are powerful, but they are not the only evidence that matters. Witness accounts, performance reviews, and patterns of favoritism or inconsistent discipline can be just as valuable as written documents. If coworkers experienced similar treatment or can testify to comments made by supervisors, that information may support your claim. Keep track of who was present during meetings, when management shifted tone, and whether other employees in similar roles were treated differently.
What Counts as Retaliation in Maryland?
Retaliation occurs when your employer punishes you for engaging in a legally protected activity. Examples include:
- Reporting sexual harassment, wage theft, or discrimination;
- Filing for workers’ compensation after an injury;
- Participating in an EEOC investigation; and
- Taking protected medical or family leave.
If you lost your job shortly after engaging in these activities, retaliation may be at play.
Can Wrongful Termination Lawyers Still Bring a Claim On My Behalf If I Quit?
Yes. If your resignation was the direct result of hostile, unsafe, or discriminatory conditions that your employer refused to fix, you may have a constructive discharge claim. A sudden shift in duties, pay, schedule, or treatment after a complaint is often a sign of constructive discharge. You do not lose your claim simply because you handed in a resignation letter. Courts recognize that quitting under such circumstances is effectively the same as being fired. Speaking with an attorney is the best way to evaluate whether your situation qualifies.
Should I Contact a Wrongful Termination Attorney? What to Do If You Are Terminated
We cannot stress enough that in the immediate aftermath of being terminated, you must remain calm. To that end, do not send off inflammatory emails, texts, or voicemails. Also, refrain from causing a workplace disturbance or complaining to colleagues. Try to remain respectful and polite with your employer. With a wrongful termination claim, you are in it for the long haul, and you must try not to do anything that would hurt your case. Having said that, what are the practical steps you can take to prove a wrongful termination claim?
Get the Official Explanation
Obtain from your employer an official written explanation of your termination, including the specific incidents, the exact reasons, the people who made the decision, the names of any eyewitnesses, and evidence of any prior warnings.
Review Company Policy and Procedures
Review your employee handbook and other related HR material for the proper procedures for employment termination and see if your employer followed these procedures.
Get Your Employee File
Request a copy of your employee file and review it for any disciplinary actions or other management activities that indicate that your performance as an employee was substandard.
Create a Timeline of Events
Put together a timeline of events, so you can see if there is a progression of your employment status until it resulted in termination, or the opposite—there is no identifiable progression.
Preserve All Communications
To make your case for a wrongful termination claim, you need evidence. A significant majority of that evidence comes in the form of written communications. Preserve all your emails, texts, voicemail, and paper correspondence concerning your employment and specifically surrounding the events of your termination. These documents are often the most compelling forms of evidence.
Access Government Options
Contact the Equal Opportunity Commission (EEOC) or the Maryland Department of Labor and consider filing a claim. By doing so, you force your former employer to respond and defend their actions. Importantly, be aware of any deadlines to file your claim and mark them in your calendar.
Consult a Baltimore Wrongful Termination Attorney
As discussed above, there are certain circumstances and specific reasons when it is wrongful to terminate an at-will employee. These protections arise under various state and federal laws. The Smithey Law Group LLC is made up of a team of experienced Baltimore wrongful termination attorneys. With decades of experience, our legal team can help you understand and navigate the many complex employment laws. We also handle sexual abuse and harassment cases. Don’t go it alone; contact us for a confidential consultation today.
Need the Experienced Wrongful Termination Law Firm? Contact Smithey Law Group LLC
When you’ve been pushed out of a job illegally, you don’t need guesswork; you need attorneys who know exactly how to confront employers and prove wrongdoing.
Smithey Law Group LLC is one of the few firms in Maryland that practices employment law in Baltimore exclusively, and that focus shows in everything we do. Ms. Smithey has taught employment and labor law at the law school level, written the Fourth Edition of Maryland Rules Commentary, and contributes to the MSBA’s Maryland Employment Law Deskbook. Likewise, our attorneys serve on the Maryland State Bar Association’s Labor and Employment Section Council and the Board of Governors, and are regularly invited to speak at employment law conferences nationwide.
Our work has been featured in prominent publications, including MSNBC, U.S. News & World Report, The New York Times, and The Washington Post. And our results have garnered recognition from notable organizations, including Best Lawyers, Super Lawyers, Martindale-Hubbell, and America’s Top 100 High Stakes Litigators. It may sound like bragging, but that level of authority and credibility matters when you’re up against a powerhouse employer.
If you suspect you were terminated unlawfully, we can step in quickly, explain your rights, and help you build the case your employer hopes you won’t pursue. Reach out to us and put experienced employment litigators in your corner.