In Maryland, employees work “at the will” of their employers. This means, in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason — whether fair or not — or for no reason at all.
There are certain exceptions to this general rule which provide some protection to employees from illegal discrimination based on such categories as race, color, gender, national origin, religion, age, disability or marital status. Examples of other employment at-will exceptions include laws which protect employees from termination or retaliation for filing workers’ compensation claims, for attempting to enforce rights to receive overtime or the minimum wage, for asserting rights to work in a safe and healthy workplace, for refusing to commit criminal acts, for reporting for jury duty or military service, or for being subject to a wage attachment for any one indebtedness. Terminating an employee for any of these specific
reasons may constitute a violation under the applicable State or federal law.
Maryland Termination Laws
Maryland is an “employment-at-will” state. This means that either the employer or the employee may end the employment relationship without giving either notice or a reason. However, while this is true in theory, Maryland statutes and Maryland courts have changed the traditional doctrine to some degree. In addition, collective bargaining agreements and other employment contracts may limit employment at will.
As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.
To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:
Credit reports, scores & credit standing.The Job Applicant Fairness Act prohibits employers from, among other things, discharging employees on the basis of their credit history or credit report.
The Act covers all employers except:
• Employers that are required by federal or state law to check an applicant’s or employee’s credit report or history;
• Financial institutions that accept deposits that are insured by a federal agency;
• A credit union share guaranty corporation that is approved by the state’s financial regulation commissioner; and
• Investment advisors registered with the U.S. Securities and Exchange Commission (MD Labor and Employment Code Sec. 3-711).
Under some circumstances, employers may use a credit report or credit history, including when the employer requests the information for a “bona fide purpose” that is “substantially job-related.” The employer must inform the employee of the bona fide purpose.
Call Our Columbia Maryland Wrongful Termination Lawyers
Towson MD Wrongful Termination Lawyers