Protected Activity and Employer Blowback
You have a legal right to report misconduct without losing your career. Under Maryland and federal law, "protected activity"—such as filing an HR complaint or blowing the whistle on fraud—is shielded. Yet, retaliation remains the most common reason for illegal discharge in professional workplaces.
We specialize in proving the "causal link." We know the tactics Maryland employers use to disguise retaliation as "performance issues" or "cultural fit," and we have the experience to dismantle those defenses in court.
Maryland’s Fair Employment Practices Act (FEPA) and federal law under Title VII prohibit employers from taking adverse actions against employees for engaging in "protected activity." This includes not only filing a formal charge with the EEOC or the Maryland Commission on Civil Rights (MCCR) but also participating in internal investigations or opposing discriminatory workplace practices.
Proving retaliation requires demonstrating a "causal connection" between the protected act and the termination. While federal law often applies a strict "but-for" causation standard, Maryland law may look for evidence that a retaliatory motive was a "substantial factor" in the decision to fire. We focus on dismantling employer claims of "performance issues" when the timing suggests illegal blowback.
Our Retaliation Attorneys
Attorney
Nathan Holliman
Nathan Holliman is an attorney at Fortis Employment Law specializing in high-stakes employment disputes. A Peggy Browning Fellow with an elite background in Alternative Dispute Resolution (ADR), Nathan leverages sophisticated negotiation strategies to secure leverage and results for recently terminated Maryland professionals.
FAQs
What if my employer claims I was fired for "performance issues"?
This is the most common defense we see. We counter it by showing you were treated differently than other employees who had the same "performance" but didn't speak up, or by showing that your performance only became an "issue" after your protected report.
Do I need to use the word “discrimination” to be protected from retaliation?
Not necessarily, but you must be complaining about conduct that you reasonably believe is illegal. If you only complain about a "mean boss" or "general unfairness," Maryland law may not protect you from blowback.
Is it retaliation if I was fired shortly after complaining?
While "temporal proximity"—the short window between your report and your firing—is powerful evidence, it isn't always enough on its own. We look for a pattern of "adverse actions" that began only after you engaged in a protected activity, like reporting harassment or illegal conduct.