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Maryland Wrongful Termination Laws
Wrongful termination is a form of labor discrimination that is protected by federal laws such as the Labor Standards Act of 1938 and the Civil Rights Act of 1964. In addition, many states including Maryland have a number of supplemental laws protecting citizens in the workplace. Since Maryland is an “at will” employment state, employees and employers may terminate employment for any reason except those protected by state and federal laws; therefore, the state guarantees the appropriate protections in state statutes.
Maryland’s Specific Labor Laws
State supplemental labor laws in Maryland include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$6.58 or FLSA rate, whichever is higher |
Maximum tip credit $2.77; minimum wage for tipped employees $2.38 |
|
State Military Leave |
Yes |
USERRA laws provide equal benefits to state national guard and Maryland defense force called into military service |
|
Jury Duty |
Yes |
Unpaid leave without relinquishing vacation, sick, or annual leave |
|
Voting |
Yes |
Paid leave, if necessary; 2 consecutive hours of paid leave + non work hours required when polls are open; proof of voting, or attempting to vote, required |
|
Garnishment |
Yes |
$2 fee per child support withholding order; employees protected for 1 garnishment per year |
|
State Family & Medical Leave |
Yes |
Applies to employers who allow childbirth leave; all employees eligible; same leave allowed for adoption as for childbirth |
|
Arrest & Conviction Records |
Yes |
No inquiries concerning expunged records; refusal to disclose conviction information cannot be sole reason for employment decisions; convictions may not be sole reason for refusing or revoking professional or occupational licenses, must consider conviction’s relationship to the position, when it occurred, and applicant’s behavior before and after conviction |
|
Discrimination |
Yes |
15 or more employees; age; national origin; disability (physical or mental), gender; marital status; pregnancy/childbirth; race; religion; sexual orientation; genetic testing |
|
Whistleblower |
Yes |
Public employees; remedies include submitting complaint to officials within 6 months of violation; if violation is proved, remedies include removing any related information from employee personnel record, reinstatement, lost wages, benefits, court costs, and attorney’s fees |
|
Plant Closings |
Yes |
For employers with 50 or more employees and in business for 1 year or more; applies to business with 25% or more employee layoffs or 15, whichever is more, in 3 months; 90-day notification required whenever possible; employers encouraged to follow Department of Labor guidelines for severance, benefits, and notifications; exceptions for bankruptcy, seasonal fluctuations, labor disputes, temporary businesses, or construction jobs. |
*These laws change often, so consult local statutes for the most up-to-date information.
Maryland Discrimination Laws
Discrimination laws in Maryland are based on federal standards, which include protections from discrimination based on race, color, religion, sex, or national origin. However, state supplemental discrimination laws provide additional protections for certain situations or classes of workers under the following standards:
- Private lawsuits for discrimination claims are preempted by state agencies.
- Employees may only pursue personal lawsuits after state agencies have processed discrimination claims.
- Employees may recover attorney’s fees from a defendant at the agency’s or court’s discretion
- The statute of limitations for discrimination claims is 6 months.
Filing a Claim for Wrongful Termination
State EEOC or human rights agencies are primarily responsible for investigating claims and determining whether they are viable. If so, those agencies may pursue mediation or, if that fails, lawsuits on the employee’s behalf. If the agency’s claim is dropped or fails, the employee has the right to retain an employee rights attorney to file suit in civil court.
Legal Remedies for Wrongful Termination
Agency claims or civil lawsuits may be able to obtain some or all of the following remedies under federal and state labor laws:
- 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
State statutes also provide the following specific penalties for employers who abuse employee rights:
Jury duty – fines of up to $1,000
Garnishment – for general wage garnishments, discharging employees carries a fine of up to $10,000 and/or 1 year in prison; for child support withholding, liable for amount of wages failed to withhold or make support payments
Maryland has an extensive array of state statutes supplementing federal labor and discrimination laws. And while the first step in protecting employee rights is to file a claim with state EEOC and human rights agencies, employees may need the help of employee rights attorneys to oversee the claim and make sure every effort for remedy is pursued. In addition, if agency claims are unsuccessful, employees and their employee rights lawyers may file private lawsuits.
Local Resources
EEOC Regional Offices
Baltimore Field Office
10 S. Howard Street
3rd Floor
Baltimore, MD 21201
410-962-3932 or 800-669-4000
TTY: 410-962-6065 or 800-669-6820
FAX: 410-962-4270
Commission on Human Relations
Baltimore, MD
410-767-8600
www.mchr.state.md.us