Employment Lawyer for Wrongful Discharge Claims in Maryland

Wrongful Termination Lawyers Maryland

Also Serving Silver Spring, Glen Burnie, Columbia, and Frederick, as well as Howard and Anne Arundel counties.

Being suddenly and unfairly let go from your job can turn your life upside down. Whether you spoke up about workplace misconduct, refused to participate in something unethical, or felt targeted for who you are, wrongful termination can have lasting emotional and financial consequences.

The remedies for wrongful discharge in Maryland range from the reinstatement of employment to payment of financial compensation, with many different options and permutations in between. With more than 25 years of experience, Maryland wrongful termination attorney Joyce E. Smithey has represented employers and employees in wrongful discharge disputes. As one of the leading wrongful termination lawyers Maryland employees rely on, she brings both legal skill and strategic insight to every case.

If you believe that you were wrongfully terminated from your employment, if you are a Maryland employer facing a wrongful discharge claim, or if you are an employer seeking to mitigate your risk through policy implementation and claim prevention strategies, Ms. Smithey has the legal knowledge and practical, real-life insights to meet your needs.

What Is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for an illegal reason that violates statutory protections, contractual terms, or established public policy.
“At-will” employment does not mean that an employer can terminate an employee for any reason at all. There are numerous improper grounds for termination of both contract-based and at-will employees that can give rise to wrongful discharge claims under Maryland law.
Maryland is an “at will” employment state, which means that in the absence of a formal written employment agreement, employers can generally terminate their employees for any reason or no reason at all. However, there are numerous exceptions, and both state and federal laws protect Maryland employees against what is commonly referred to as “wrongful termination” or “wrongful discharge.”

Forms of Wrongful Termination in Maryland

Broadly speaking, wrongful discharge can be broken down into three categories: (i) termination in breach of an employment agreement, (ii) termination in violation of statutory law (Maryland or federal), and (iii) termination in violation of public policy.

Termination in Breach of an Employment Agreement

If you are employed in Maryland pursuant to a written employment contract, the terms of your contract may prohibit termination except in certain, limited circumstances. Note, however, that employment contracts are the exception to the rule – most employees in Maryland are “at-will” employees. If your employer breached the terms of your contract by terminating you prematurely or without cause, Ms. Smithey can help you fight to enforce the terms of your agreement.

Termination in Violation of Statutory Law

For both contract-based and at-will employees, there are Maryland and federal laws that prohibit termination for improper grounds. Perhaps the most well-known of these laws is the Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment). However, there are numerous other laws that protect employees against wrongful termination as well. Termination based on age, race, gender, sex, sexual orientation, religion, and membership in various other protected classes can entitle employees to pursue administrative or civil remedies against their employers.

Termination in Violation of Public Policy

Under a Maryland court case decided in 1981, employees can also file claims for wrongful discharge when they are terminated in violation of a “clear mandate of public policy.” These “clear mandates” are not actually enumerated or specifically defined; however, examples of grounds for termination that may violate public policy in Maryland include:

• Termination for discriminatory purposes, even if the employer is not subject to state or federal anti-discrimination laws (for example, due to having too few employees);
• Termination for refusing to participate in improper or illegal activity;
• Termination for objecting to improper or illegal employment practices (such as wage discrimination or sexual harassment);
• Termination for reporting improper or illegal conduct to regulatory or law enforcement authorities;
• Termination for filing a workers’ compensation claim with the Maryland Workers’ Compensation Commission; and
• Termination for participating in lawful union activity.

To establish a claim for wrongful discharge, the employee must be able to demonstrate a relationship between the employee’s conduct or class and the employer’s decision to terminate. If the timing of the termination is truly coincidental, or if the employer has legitimate grounds for termination unrelated to the employee’s protected conduct or class, the fact that the employee engaged in protected conduct or was a member of a protected class, standing alone, is not enough to establish a violation of public policy.

Evidence of Wrongful Termination

To succeed in a wrongful termination claim in Maryland, you must prove that your employer’s decision to terminate you was directly linked to an unlawful reason. Unlawful terminations may include breaching an employment contract, violating anti-discrimination statutes, or acting against public policy. 

When you sue for wrongful termination, the burden of proving the case is on you. You must show your termination wasn’t based on poor performance or business needs but on your engagement in protected conduct or your membership in a protected class. 

Evidence is essential to prove your claim. Common forms of evidence employees can use to show an employer’s unlawful actions include:

• Direct evidence—such as emails, text messages, letters, or written statements showing retaliatory or discriminatory intent;
• Circumstantial evidence—such as termination soon after reporting misconduct or refusing illegal activity, which can suggest retaliatory intent without direct proof;
• Job performance documentation—including positive reviews or lack of disciplinary actions, to counter claims of poor performance;
• Witness statements—from coworkers who observed relevant behavior or conversations;
• Company policies or employee handbooks—outlining protections or procedures the employer failed to follow; and
• Employment contracts—that may have been violated through the termination.

An experienced wrongful termination attorney can help you gather, evaluate, and present this evidence to build a compelling case.

Damages Available in Maryland Wrongful Termination Claims

If you prevail in a wrongful termination claim in Maryland, you may be entitled to recover various types of damages to compensate you for the harm you suffered. In some cases, remedies to hold your employer accountable may also be available. 

The specific damages available depend on the nature of your claim—whether based on breach of contract, violation of statutory law, or violation of public policy. Common types of damages include:

• Lost wages and benefits. You may recover back pay, including wages, bonuses, commissions, and the value of lost benefits (such as health insurance or retirement contributions) from the date of termination to the date of judgment. Front pay may be available to compensate for future lost earnings if reinstatement is not possible.
• Emotional distress. If your termination caused significant emotional harm, such as anxiety, humiliation, or depression, you may get compensation for pain and suffering, especially in cases involving discrimination or retaliation.
• Punitive damages. In cases involving particularly egregious or intentional misconduct by the employer (such as willful discrimination or malice), the court may award punitive damages to punish the employer and deter similar behavior in the future. These are more common in statutory or public policy claims than contract-based claims.
• Attorneys’ fees and costs. For statutory claims, such as those involving discrimination or retaliation, prevailing employees may be able to recover reasonable attorneys’ fees and court costs.
• Reinstatement. In some situations, the court may order your employer to reinstate you to your former position. This is less common if the employment relationship has significantly deteriorated.

To evaluate what your case is worth, speak with a wrongful termination lawyer. Maryland attorney Joyce Smithey can review your case, identify the types of damages you may be eligible for, and help you pursue the maximum compensation available under the law.

Negotiating a Severance Following Wrongful Discharge

As an employee subjected to a wrongful discharge, one option you may have instead of pursuing legal remedies in an administrative or civil proceeding is to negotiate a severance agreement with your employer. Employers will often prefer to settle employees’ wrongful discharge claims rather than having them aired out in a public forum (and, of course, keeping your dispute with your employer private may be beneficial for you as well). The decision to settle in lieu of taking legal action is not one to be taken lightly; however, under the right circumstances, negotiating a severance agreement may be your best option.

What to Do If You’re Wrongfully Terminated

Take prompt action if you believe you are experiencing wrongful termination in Maryland. Here are some key steps:

• Document everything. Keep records of emails, performance reviews, termination notices, and any incidents that may support your claim.
• Request your personnel file. You have the right to ask your employer for a copy of your personnel file, which may contain helpful information.
• File a complaint (if applicable). If your termination involved discrimination or retaliation, you may need to file a charge with the EEOC or Maryland Commission on Civil Rights.
• Consult an employment attorney. An experienced Maryland wrongful termination attorney can evaluate your situation, explain your legal options, and help you pursue a claim if appropriate.

Acting quickly is essential, as there are time limits for filing complaints and legal claims.

Contact Maryland Wrongful Termination Lawyer Joyce E. Smithey for a Confidential Consultation

When it comes to handling wrongful termination and employment law matters in Maryland, Smithey Law Group stands out as a leader in the field. Our attorneys have earned numerous prestigious awards, including Best Lawyers, Super Lawyers, Top 100 Attorneys in Maryland, and America’s Top 100 High Stakes Litigators. 

Founding attorney Joyce Smithey is a recognized authority in labor and employment law. She authored the Fourth Edition of Maryland Rules Commentary, contributed to the MSBA Maryland Employment Law Deskbook, and regularly teaches and publishes on key employment law topics. Our team also plays an active role in shaping the profession, serving on the Maryland State Bar Association’s Board of Governors and the Labor and Employment Section Council. 

With deep legal knowledge, a history of leadership, and a proven track record, Smithey Law Group is well-equipped to advocate for your rights. We have extensive experience representing clients in wrongful discrimination claims and know how to build strong cases that hold employers accountable.

If you would like more information about pursuing or defending against a wrongful termination claim in Maryland, contact Maryland wrongful termination lawyer Joyce E. Smithey of Smithey Law Group LLC for a confidential consultation. To schedule an appointment, call us or inquire online today.

Wrongful Termination FAQs

What Is Covered Under Maryland Wrongful Discharge Law?

In 1981, the Maryland Court of Appeals established the basis for wrongful termination claims in Adler v. American Standard Corp., setting a precedent that employers cannot take punitive actions against employees for behaviors that are safeguarded by state or federal public policy. The criteria for a wrongful termination claim include:

• Employment Relationship.: The individual bringing forth the claim must have been in an employment relationship with the defendant at the time of the dispute.
• Violation of Public Policy.: The employee must have been subjected to a negative employment decision (such as being dismissed or demoted) that infringes upon a well-defined public policy.
• Protected Activity.: The employee’s engagement in a protected activity must have played a significant or influential role in the employer’s decision to implement the negative employment measure.

An experienced attorney can help you meet these legal requirements and pursue a wrongful discharge claim in Maryland.

What Compensation Can a Wrongfully Terminated Employee Recover?

An employee who has been unjustly terminated is entitled to recover damages for lost earnings and fringe benefits. Furthermore, the employee might receive compensation for emotional distress and could be granted punitive damages to deter such wrongful conduct in the future.

What Must an Employee Show to Get a Claim of Wrongful Termination?

For an employee to successfully assert a claim under the premise that their dismissal was unlawful, they must convincingly establish the following:

1. The employee experienced termination from their position,.
2. This termination contravened a well-defined principle of public policy,. and
3. There exists a direct correlation between the actions of the employee and the employer’s resolution to terminate employment.

It’s important to note that adverse employment actions encompass not only termination but also demotions, suspensions, and various forms of disciplinary measures enacted by the employer.

Do I Need an Attorney for a Wrongful Termination Case?

Absolutely. Navigating a wrongful termination case without an attorney is like going into battle without armor. These cases often hinge on nuanced legal arguments, tight deadlines, and detailed evidence that can be hard to manage alone. A skilled employment lawyer like Joyce Smithey can spot red flags, build a compelling case, and hold employers accountable for their actions. From the first consultation to the final resolution, an attorney can be your strongest ally in seeking justice and turning a difficult chapter into a fresh start.