What counts as a wrongful termination?

Losing your job is never easy—especially if you suspect your firing was unfair or even illegal. But how do you know if your termination crossed the line into wrongful termination?

In this guide, I’ll break down what legally counts as wrongful termination, including the most common types of unlawful firings. I’ll also explain how state and federal laws protect employees and what legal options you have if you were wrongfully discharged.

If you believe you were fired unfairly, an experienced wrongful termination lawyer can help. I’ll discuss when to seek legal representation, what to expect from a free consultation with a wrongful termination attorney, and how to take action against an employer who violated your rights.

By the end of this article, you’ll have a clearer understanding of whether your firing was illegal—and what steps you can take next to protect your future.

Understanding Wrongful Termination

Wrongful termination occurs when an employer fires an employee in violation of their legal rights. In Maryland, most employees work under at-will employment, meaning an employer can terminate them at any time, for almost any reason—as long as it's legal. However, certain firings violate state and federal employment laws, making them wrongful and unlawful terminations.

Common examples of wrongful termination in Maryland include:

• Discrimination: Maryland law, alongside federal protections, prohibits firing an employee based on race, gender, age, disability, religion, pregnancy, sexual orientation, or other protected characteristics.

• Retaliation: Employers cannot fire employees for reporting harassment, discrimination, workplace safety violations, or other illegal activities. This protection extends to whistleblowers under Maryland law.

• Breach of contract: If you have an employment contract—whether written or implied—that outlines specific job protections, your employer may not legally fire you in violation of those terms.

• Violation of public policy: Maryland recognizes wrongful termination claims when an employer fires an employee for reasons that violate public policy, such as refusing to engage in illegal activity or exercising a legal right (like filing for workers’ compensation).

Understanding wrongful termination laws in Maryland is key to recognizing when an employer has acted unlawfully. If you believe you were unfairly fired, speaking with a Maryland wrongful termination lawyer can help you evaluate your case and determine the best path forward.

Common Examples of Wrongful Termination

Wrongful termination occurs when an employer unlawfully fires an employee in violation of their legal rights. Understanding the most common examples can help you determine whether your firing was illegal and whether you should consult a Maryland wrongful termination lawyer.

1. Discrimination-Based Firing

Maryland and federal law prohibit employers from firing employees based on race, gender, age (40+), disability, pregnancy, national origin, sexual orientation, religion, or genetic information. The Maryland Fair Employment Practices Act (FEPA) provides additional protections beyond federal laws like Title VII of the Civil Rights Act and the ADA. If you were fired for a discriminatory reason, you may have a wrongful termination case.

2. Retaliation for Whistleblowing or Complaints

Maryland law protects employees from retaliation for reporting workplace violations, such as discrimination, harassment, wage theft, or unsafe working conditions. Employers cannot legally fire you for:

• Reporting harassment, discrimination, or wage violations to HR or state agencies.

• Filing a workers’ compensation claim after an injury.

• Reporting unsafe working conditions to OSHA or Maryland Occupational Safety and Health (MOSH).

• Refusing to participate in illegal activities at work.

If you suspect retaliation played a role in your firing, an unlawful termination lawyer can help.

3. Breach of Contract

If you have an employment contract—whether written, oral, or implied—your employer must follow its terms. If your contract states that you can only be fired for specific reasons (such as poor performance or misconduct), and your employer fires you for a different reason, that may be a wrongful termination.

4. Constructive Discharge (Forced Resignation)

Maryland recognizes constructive discharge, which happens when an employer makes working conditions unbearable, effectively forcing an employee to quit. This could include:

• Extreme harassment or hostility.

• Unjustified demotions, pay cuts, or job reassignments meant to pressure an employee to leave.

• Creating an unsafe or toxic work environment.

If you were forced to resign due to intolerable conditions, you may still have a claim for wrongful termination.

5. Termination for Refusing Illegal Acts

It is illegal for an employer to fire you for refusing to engage in illegal activities. Maryland courts recognize wrongful termination claims when an employee is dismissed for refusing to violate the law—such as committing fraud, falsifying records, or violating safety regulations.

What to Do If You Were Wrongfully Terminated

If you believe your termination was illegal or unfair, speaking with a Maryland wrongful termination attorney can help you understand your rights and options. Many wrongful termination lawyers offer free consultations, so you can explore your legal options without upfront costs.

Legal Protections Against Wrongful Termination in Maryland

Maryland employees are protected by both federal and state laws against wrongful termination. These laws ensure that workers are not fired for illegal reasons such as discrimination, retaliation, or breaches of employment contracts.

Federal Laws Protecting Against Wrongful Termination

• Title VII of the Civil Rights Act – Prohibits termination based on race, color, religion, sex, or national origin.

• Americans with Disabilities Act (ADA) – Prevents employers from firing employees with disabilities if they can perform essential job functions with reasonable accommodations.

• Age Discrimination in Employment Act (ADEA) – Protects workers 40 and older from termination based on age.

• Family and Medical Leave Act (FMLA) – Makes it illegal to fire an employee for taking qualifying medical or family leave.

• Whistleblower Protection Act and OSHA laws – Prohibit retaliation against employees who report workplace safety violations or other illegal activities.

Maryland-Specific Wrongful Termination Laws

In addition to federal protections, Maryland’s Fair Employment Practices Act (FEPA) offers additional safeguards. This law covers smaller employers (with as few as 15 employees) and expands protections against pregnancy discrimination, sexual orientation discrimination, and gender identity discrimination.

Maryland also recognizes wrongful termination in violation of public policy, which means an employer cannot fire you for:

• Filing for workers’ compensation.

• Serving on a jury.

• Refusing to engage in illegal activities.

• Reporting fraud, wage theft, or other violations.

If you believe your employer fired you in violation of these laws, consulting a Maryland wrongful termination lawyer can help you determine the best legal course of action.

Identifying Wrongful Termination: Key Signs

If you’ve lost your job and suspect your firing was unfair or illegal, here are key warning signs that it may have been wrongful termination:

1. Discrimination-Based Firing

If your employer fired you due to race, gender, age, disability, religion, pregnancy, or other protected characteristics, it may be unlawful termination under Maryland and federal laws.

2. Retaliation for Complaints or Whistleblowing

If you reported discrimination, workplace safety violations, or wage theft and were fired shortly after, your employer may have retaliated against you. Retaliation is illegal.

3. Breach of Employment Contract

If you had a written, oral, or implied employment contract that outlined specific reasons for termination, and your employer fired you for a different reason, this could be a wrongful discharge.

4. Forced Resignation (Constructive Discharge)

If your employer created intolerable working conditions to push you to quit—such as harassment, demotions, pay cuts, or extreme hostility—you may have a wrongful termination claim under Maryland law.

5. Termination for Refusing Illegal Acts

If you were fired for refusing to engage in illegal activities—such as falsifying records or committing fraud—you may have a strong case for wrongful termination.

If any of these red flags apply to your situation, speaking with a Maryland wrongful termination attorney can help clarify your legal options.

Immediate Steps to Take After Being Wrongfully Terminated

Taking the right steps immediately after being wrongfully fired can strengthen your case.

Step 1: Gather Important Documents

• Employment contracts or agreements.

• Termination notice or any emails related to your firing.

• Performance reviews to counter false claims of poor performance.

• Company policies or handbooks that may show policy violations.

Step 2: Request Your Personnel File

Under Maryland law, you have the right to request a copy of your personnel file, which may contain useful information about your termination.

Step 3: Write a Timeline of Events

Document key events leading up to your firing, including dates, conversations, emails, and disciplinary actions.

Step 4: Consult a Wrongful Termination Lawyer

A wrongful termination attorney in Maryland can evaluate your case and advise you on your legal rights. Many employment lawyers offer a free consultation to discuss potential claims.

Step 5: File a Complaint with the Proper Agency

• Maryland Commission on Civil Rights (MCCR) – Handles state-level discrimination claims.

• Equal Employment Opportunity Commission (EEOC) – Covers federal discrimination claims.

• Occupational Safety and Health Administration (OSHA) – Investigates retaliation for workplace safety complaints.

Taking these steps can help build a strong case if you decide to pursue legal action.

How a Wrongful Termination Lawyer Can Help You

Filing a wrongful termination claim can be complex, but an experienced Maryland wrongful termination attorney can provide essential legal guidance.

1. Evaluating Your Case

A lawyer will review your employment history, termination circumstances, and available evidence to determine if you have a strong wrongful termination claim.

2. Gathering Evidence

Your attorney can help collect supporting documents, interview witnesses, and obtain internal company records that strengthen your case.

3. Negotiating a Settlement

Many wrongful termination cases settle out of court. A wrongful termination lawyer can negotiate with your employer to secure fair compensation, reinstatement, or severance pay.

4. Filing a Lawsuit if Necessary

If negotiations fail, your lawyer can represent you in court or before agencies like the EEOC or MCCR, ensuring your case is professionally presented.

The Importance of Timely Action: Statutes of Limitations

Every wrongful termination case has strict filing deadlines. In Maryland:

• EEOC claims (federal discrimination cases) must be filed within 300 days of termination.

• MCCR claims (state-level discrimination cases) must be filed within six months.

• Retaliation and whistleblower complaints may have different deadlines, depending on the agency handling them.

Missing these deadlines can prevent you from seeking legal action, so it’s crucial to consult a wrongful termination lawyer as soon as possible.

Remedies and Compensation in Wrongful Termination Cases

If you were wrongfully terminated, you may be entitled to:

• Lost wages and benefits – Compensation for income lost due to unlawful termination.

• Reinstatement – Returning to your previous job (if desired).

• Emotional distress damages – For mental and emotional suffering caused by wrongful termination.

• Punitive damages – If the employer acted with malice or gross misconduct.

• Attorney’s fees and legal costs – Some wrongful termination claims allow you to recover legal expenses.

A Maryland wrongful termination attorney can help you determine the best legal strategy for maximizing your compensation.

Free Consultation: What to Expect and Questions to Ask

Some wrongful termination lawyers in Maryland offer free consultations. This is your opportunity to:

• Evaluate the strength of your case.

• Understand your legal options.

• Discuss potential compensation.

Questions to Ask Your Lawyer:

• How much experience do you have with wrongful termination cases?

• What are my legal options?

• What compensation could I recover?

• How do you charge for your services?

These questions will help you find the best wrongful termination lawyer for your case.

Conclusion

Understanding what counts as wrongful termination is key to protecting your rights. If you were fired illegally, consulting a Maryland wrongful termination attorney can provide clarity and legal support.

You don’t have to navigate this alone—seeking justice is about protecting your career, financial future, and dignity. If you believe you’ve been wrongfully terminated, take action today and get the legal guidance you deserve.