Wrongful Termination in Maryland
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If you are asking, ‘What is a wrongful termination in MD?’ chances are you have come across the term in your search for unemployment assistance. A wrongful termination in Maryland means an employee has been discharged from their position illegally. There are certain exceptions in which an employee can be wrongfully fired from their job even though Maryland is an at-will state. It is important you understand everything about those conditions. When you are wrongfully terminated from job, you should know what options are available to you and how you can receive reimbursement for your hardship. While a wrongful dismissal qualifies you for unemployment benefits, being wrongfully fired from a job can also award you other compensation benefits should you choose to file a suit against your employer. Learn more about unlawful termination and what to do when you are wrongfully terminated by reading the sections below and downloading our comprehensive guide.
Terminations That Are Illegal in Maryland
There are a couple of different types of illegal terminations in Maryland which give you the right to file charges against your employer. These types of illegal firing are called your ’cause of action’ which is your reason for filing a wrongful termination lawsuit. All forms of discrimination are types of unlawful terminations as mandated by the federal government. Types of discrimination include firing someone based on the following:
- National origin
Other types of illegal dismissal of employment include retaliation, in which an employer fires an employee for filing a worker’s compensation claim or attempting to address any sort of wrong-doing committed by a manager, supervisor or the entire company. Types of illegal termination of employment that fall under employer retaliation also relate to criminal matters in which the employee tries to report of refuses to take part in. Explore more types of unlawful terminations from employment in Maryland by downloading our comprehensive guide today.
Terminations That Are Legal in Maryland
There are also types of legal termination in Maryland that render your ability to file a wrongful termination claim invalid. Maryland, like all other states, operates on at-will employment, which means the employer has the right to dismiss you for any reason other than the illegal reasons mentioned above. Therefore, types of legal firing can vary based on a wide range of circumstances, and can even include the employer releasing you from your position for no apparent reason. Other types of legal termination of employment which fall outside the employer’s own discretion include misconduct. Misconduct means you have violated the company’s expectations for behavior, and it has different levels from simple misconduct to gross misconduct. In fact, gross misconduct gives the employer the right to file a suit against you if they so choose. Legal reasons for terminating employees in Maryland involve the employer’s right to choose who is a good fit for their company as long as those reasons do not violate state and federal law. Finally, types of legal dismissal of employment may also include an employee’s inability to fulfill his or her responsibilities.
If you were let go from your job due to no fault of your own, learn how to apply for unemployment benefits to earn government assistance while you pursue new work opportunities.
Exceptions to At Will Employment in Maryland
You may be wondering, ‘What is employment at will?’ At-will employment means the employer can discharge an employee for any reason they see fit, even if that reason does not seem fair. Your next question might be, ‘Is Maryland an at will state?’ The answer to that is all states function on at-will employment. However, there are exceptions to at-will employment that grant employees the right to file for unlawful termination. Federally, there are three exceptions to at-will employment which states have the right implement in their employment policies if they elect to do so. The three exceptions are the public-policy exception, the implied-contract exception and the covenant of good faith and fair dealing exception.
At will employment exceptions in Maryland include the public-policy exception and implied-contract exception. The public-policy exception contains the aforementioned statute on releasing an employee for filing a worker’s compensation claim. The implied contract exception refers to the formation of a verbal agreement between employer and employee that may or may not have involved written contract confirming the agreement. Per at will employment exceptions, it is illegal in Maryland for an employer to retract their agreement with the employee without proper consultation, which gives the employee grounds to file a wrongful termination claim.
How to File a Discrimination Charge in Maryland with the Equal Employment Opportunity Commission (EEOC)
The next step is learning how to file an EEOC employment discrimination claim if you believe you were terminated due to discrimination. You have the right to file a wrongful termination discrimination charge against your former employer if you feel and can prove you were illegally fired. Filing a charge of discrimination in Maryland means you are making a written assertion that the organization for which you worked discriminated against you in one of the protected classes mentioned above. You must file a charge of discrimination before you can file a lawsuit. If you want to know how to file a charge of employment discrimination, the process is fairly simple as long as you remain within the time limits for filing. For most cases, you must file your claim within 300 days, or 180 for age discrimination. The EEOC allows you to pursue a charge through an online portal, in person, by phone or by mail.
How to File a Wrongful Termination Lawsuit in Maryland
If you want to know, ‘Can I file a lawsuit for wrongful termination?’ then the answer is yes, as long as you have a legitimate claim against your employer. You can file a lawsuit against your employer in MD for unlawful dismissal once you have successfully filed a discrimination charge with the EEOC. When you file lawsuit against employers for wrongful termination, you must make sure you gather evidence to support your case. You should not begin suing for wrongful termination in Maryland if you have not built your case yet because you want to be as prepared as possible when you approach the EEOC or whichever government agency you are filing with. This is the first action if you want to learn how to file a wrongful termination lawsuit, and then the agency will conduct an investigation into your claim. Filing a wrongful termination claim against employer can be a long process and you might have to file a civil suit to remedy your losses if the first case did not conclude in your favor.
What Is Unemployment Insurance in Maryland?
Maryland residents can receive unemployment benefits which provide financial assistance to unemployed workers during their job search. This financial assistance program is provided by the government and is not a permanent solution, but a temporary aid for unemployed individuals. To learn how you can apply for unemployment benefits in MD and how to proceed after you submit an application, download our comprehensive guide.
Is Everyone Eligible for Maryland Unemployment Compensation?
Not everyone can receive unemployment benefits in Maryland. There are eligibility qualifications you must meet to enroll in the assistance program. For example, you and your family must meet income and resource criteria in order to be eligible. You can learn all about the various necessary qualifications by downloading our guide here.