Maine Wrongful Termination Laws

Maine provides a wide range of labor protection laws for employees in addition to federal laws such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. As an “at will” employment state, employers and employees have the right to terminate an employment relationship for any reason other than those specifically protected in federal and state labor laws. Since those laws are comprehensive in this state, there are many opportunities for employees to have their rights protected and restored with the help of state agencies and employee rights attorneys.

Maine’s Specific Labor Laws

Maine’s supplemental labor laws are detailed and specific. Those laws cover a range of workplace issues, including:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$7.00	Maximum tip credit 50%; minimum wage for tipped employees $3.50
State Military Leave	Yes	No discrimination for membership in state military force
Jury Duty	Yes	Unpaid leave; may not be penalized for jury duty with loss of health insurance coverage
Voting	No
Garnishment	Yes	$1 fee/check for general garnishment; $2/week for child support withholding; no specifications on number of garnishments allowed; employees cannot be penalized for such requests
State Family & Medical Leave	Yes	All employees eligible for domestic violence leave; employers with at least 15 employees at one workplace eligible for family medical leave; eligible employees are those with 1 year of service or more; leave for childbirth, serious health conditions, or family member with such illnesses include 10 weeks in any 2-year period; “reasonable and necessary” leave available for victims dealing with aftereffects of domestic violence, sexual assault, stalking, or family members involved in such cases
Arrest & Conviction Records	Yes	Convictions can only influence employment decisions when directly related to position, when they include dishonesty or false statements, when they result in more than a year’s imprisonment, or when they involve sexual misconduct.
Discrimination	Yes	1 or more employees; age; national origin; disability (physical or mental), gender; pregnancy/childbirth; race; religion; sexual orientation; genetic testing; gender identity or expression; former worker’s compensation claims; past whistleblowing
Whistleblower	Yes	Applies to both public and private employees; must report to supervisor first and allow a reasonable chance to correct violation unless it is obvious the employer will not do so.
Plant Closings	Yes	For employers with 100 or more employees at any one time during previous 12 months who discontinue or relocate business more than 100 miles; must give 1 week severance for each 1 year of employment for those with company for 3 years or more, which is due within 1 pay period; notification in writing required 60 days or more in advance to employee and to Bureau of Labor Standards and officials in plant location

*These laws change often, so consult local statutes for the most up-to-date information.

Maine Discrimination Laws

Discrimination can often be at the center of wrongful termination cases. In Maine, those who believe they have either been discriminated against according to federal workplace discrimination protections from race, color, religion, sex, or national origin, or state supplemental discrimination laws, Maine’s statutes require that employees file a claim with a local human rights agency first, before pursuing a private lawsuit. Other guidelines include the following:

State agencies preempt private lawsuits in discrimination cases.
The state does allow employees to pursue private discrimination claims once state agency options have been exhausted.
Employees are allowed to recover attorney’s fees from a defendant under certain conditions.
The statute of limitations for discrimination claims is 6 months.

Filing a Claim for Wrongful Termination

Those claims filed in public human rights agencies begin with a thorough investigation of the wrongful termination case. If the case is found to have merit, the agency will generally pursue mediation or conciliation. If that is unsuccessful, they may file a lawsuit on behalf of the employee. If those means are unsuccessful, or if the agency discontinues its case, the employee and their employee rights lawyer may then pursue their own lawsuit.

Legal Remedies for Wrongful Termination

The remedies state agencies and/or private lawsuits may obtain, under federal or state labor laws, may include:

Reinstatement of former position and benefits
Lost wages
Compensation for stress and suffering
Injunctive relief in the workplace
Attorney’s fees and court costs
Punitive damages

In addition to those remedies, there are additional penalties for employers under supplemental laws for some violations:

Jury duty – class E crime, punishable by fines of up to $1,000 and/or 6 months in county jail; liable for up to 6 weeks back pay, attorney’s fees, and benefits

Garnishment – for knowingly failing to withhold and/or remit child support payments, fines of up to $100; for terminating, disciplining, or failing to employ those with garnishments, fines of up to $5,000; liable for actual and punitive damages, attorney’s fees, and court costs

Main laws provide a number of supplemental statutes in addition to federal laws protecting Maine employees. While violations must first be pursued through state agencies, it can be in the employee’s best interests to consult an employee rights lawyer to ensure that every avenue of remedy and compensation is considered. If agency measure fail, that lawyer is then prepared to continue pursuing the claim in civil court and bring it to a quicker resolution.