At-will employment means an employer or employee can end the working relationship at any time, with or without a reason. Maryland follows this rule, and it is probably the most misunderstood part of employment law in the state. Many workers who call Wrongful Termination Lawyers Maryland assume at-will status leaves them with no options. Employers sometimes assume it gives them unlimited freedom. Neither is accurate. Below are eight common myths, what Maryland and federal law actually say, and a list of Annapolis-area law offices you can contact.
What do people get wrong about at-will employment?
Myth 1: At-will means you can be fired for any reason at all
At-will means you can be fired for any lawful reason, which is not the same thing. Maryland’s Fair Employment Practices Act bars firing someone because of race, sex, age, disability, religion, sexual orientation, gender identity, or other protected traits. Since Adler v. American Standard Corp. (1981), Maryland courts have also recognized claims for firings that violate a clear public policy, such as punishing an employee for refusing to break the law.
Myth 2: Only a signed contract can change at-will status
Handbooks and written policies can sometimes limit an employer’s right to fire. In Staggs v. Blue Cross of Maryland (1985), a Maryland appellate court held that policy statements limiting when an employee can be discharged may become enforceable. A clear, prominent at-will disclaimer usually defeats that argument, so the exact wording of your handbook matters.
Myth 3: Small businesses can’t be sued for discrimination
Coverage depends on the law and the employer’s size. Title VII, the Americans with Disabilities Act, and FEPA’s discrimination provisions apply to employers with 15 or more employees. The federal Age Discrimination in Employment Act applies to 20 employees. FEPA’s harassment protections reach employers with just one employee.
Myth 4: Your employer has to tell you why you were fired
Maryland does not require private employers to give a reason for a termination. Employers must give separating employees written information about unemployment insurance. When a reason is given, keep a record of it. An explanation that changes later can become evidence that the stated reason was false.
Myth 5: Getting fired means you can’t collect unemployment
Being fired does not automatically disqualify you. The Maryland Division of Unemployment Insurance reduces or denies benefits when the separation involves misconduct, and it treats gross or aggravated misconduct more harshly. Poor performance or a bad fit with a manager is generally not misconduct. You can appeal a denial, and the employer’s stated reason often gets tested in that hearing.
Myth 6: An employer can hold your last paycheck until you return equipment
Maryland’s Wage Payment and Collection Law requires final wages to be paid by the next regular payday. Accrued vacation must be included unless a written policy, communicated to you at hiring, says otherwise. If wages are withheld without a bona fide dispute, a court can award up to three times the unpaid amount plus attorney’s fees.
Myth 7: Employers have to offer severance
No Maryland or federal law requires severance pay in an ordinary termination. Notice rules apply to large layoffs, though. The federal WARN Act generally requires 60 days’ notice for plant closings and mass layoffs at employers with 100 or more employees. Maryland’s Economic Stabilization Act, as amended in 2023, requires covered employers with 50 or more employees to give 90 days’ notice. When severance is offered to a worker 40 or older in exchange for waiving age claims, federal law generally requires at least 21 days to consider the agreement and 7 days to revoke it after signing.
Myth 8: If you quit, you give up your claim
A resignation can still count as a termination. Under the doctrine of constructive discharge, an employer that makes conditions so intolerable that a reasonable person would feel forced to leave can be treated as having fired the employee. These claims depend on documentation, so record the conditions before you resign.
Where can Maryland workers find legal help?
- The Mundaca Law Firm
- Maryland Criminal Defense Law Group
- The Law Office of Caroline Norman Frost
- Law Office of Peter S. O’Neill
- Kunka Law
1. The Mundaca Law Firm: Wrongful Termination Lawyers Maryland
Francisco E. Mundaca, Esq., Founding Partner, leads The Mundaca Law Firm, which represents Maryland employees from its Annapolis office. The firm evaluates whether a firing falls within one of the exceptions to at-will employment, including discrimination, retaliation, breach of contract, and public policy violations. It also reviews severance and non-compete agreements before employees sign them, and it represents federal sector employees whose rights differ from those of private-sector workers.
2. Maryland Criminal Defense Law Group
A law firm with an office on West Street in Annapolis. Contact the firm to ask whether it handles employment matters.
3. The Law Office of Caroline Norman Frost
A law office on Ritchie Highway in Glen Burnie. Reach out directly to confirm the cases it accepts.
4. Law Office of Peter S. O’Neill
A law practice on Baltimore Annapolis Boulevard in Glen Burnie. Ask about its practice areas before scheduling a meeting.
5. Kunka Law
A law office in Glen Burnie. Check with the office on whether your situation fits its practice.
What does this mean for you?
At-will employment gives employers wide latitude, but it has firm limits set by statute, contract, and public policy. If you suspect your firing crossed one of those lines, gather your handbook, offer letter, performance reviews, and termination paperwork before deadlines begin to close. Talking with Wrongful Termination Lawyers Maryland employees can consult is the most reliable way to learn whether an exception applies to you.
