Wrongful Termination in Maryland (2026): Laws, Deadlines, How to File

Maryland employment is presumptively at-will, so a firing is wrongful only when it breaks a specific law, a contract, or a clear mandate of public policy. The main state law is the Maryland Fair Employment Practices Act, which makes it unlawful under State Government Article 20-606(a)(1) to discharge an employee because of a protected characteristic. It covers employers with 15 or more employees, or one or more when the complaint alleges harassment.

Maryland also recognizes the tort of abusive discharge, from Adler v. American Standard Corp. (1981). A discrimination complaint goes to the Maryland Commission on Civil Rights (MCCR) within 300 days, or within 2 years for harassment. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maryland law on firing employees: the Maryland Fair Employment Practices Act (Md. Code, State Government Article, Title 20, Subtitle 6, enforced under Subtitle 10, including 20-601, 20-606, 20-1004, 20-1007, 20-1009 and 20-1013), the abusive discharge tort, and Maryland statutes on workers' compensation, jury service, earned sick and safe leave and wage discussions, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Maryland severance pay laws.

Is Maryland an at-will state?

Yes. In Towson University v. Conte (2004), the Court of Appeals described employment in Maryland as "presumptively at-will," and in Insignia Residential Corp. v. Ashton (2000) it restated the rule from Adler that "an employment contract of indefinite duration... can be legally terminated at the pleasure of either party at any time." An express contract can change that: in Conte, the court found that because of an express just-cause contract, "Dr. Conte was not an 'at-will' employee."

Our research did not cover how Maryland courts treat employee handbooks or handbook disclaimers. For how the doctrine works day to day, see Maryland at-will employment laws.

Grounds for a wrongful termination claim in Maryland

Discrimination under the Fair Employment Practices Act

Under State Gov't 20-606(a)(1), an employer may not discharge an individual because of the individual's "race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, genetic information, military status, or disability unrelated in nature and extent so as to reasonably preclude the performance of the employment." The same subsection covers refusing to submit to a genetic test, and 20-606(a)(5) separately bars an employer from engaging "in harassment of an employee."

Who is covered. Under 20-601(d)(1), an employer is a person in an industry or business that "has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year," or, "if an employee has filed a complaint alleging harassment, has one or more employees" over the same period. Bona fide private membership clubs exempt under the Internal Revenue Code are excluded, and 20-604 lets religious entities hire by religion, sexual orientation, gender identity or military status for work connected with their activities.

Federal Title VII uses the same 15-employee threshold, and the federal age law applies to employers with 20 or more (42 U.S.C. 2000e(b); 29 U.S.C. 630(b)). Under Bostock v. Clayton County, 590 U.S. 644 (2020), Title VII also bars firing someone for being gay or transgender.

Retaliation. Under 20-606(f), an employer may not discriminate or retaliate against an individual because the individual "opposed any practice prohibited by this subtitle" or made a charge, testified, assisted or participated in an investigation, proceeding or hearing under it.

Medical cannabis for fire and rescue employees (from October 1, 2026). Senate Bill 439 of 2026 (2026 Md. Laws ch. 183), effective October 1, 2026, amended 20-601 and 20-606. An employer may not discipline, discharge or otherwise discriminate against a "fire and rescue public safety employee" (a firefighter, EMT, cardiac rescue technician or paramedic employed by a municipal corporation, county, the State, the State Airport Authority or a fire control district) because of a valid written certification for medical cannabis, or a positive cannabis test while holding one. The protection is subject to federal-law and impairment exceptions and applies only to that group. Our research found no general off-duty cannabis protection for other private-sector employees.

Abusive discharge (the public-policy tort)

In Adler v. American Standard Corp., 291 Md. 31 (1981), the Court of Appeals held that "Maryland does recognize a cause of action for abusive discharge by an employer of an at will employee when the motivation for the discharge contravenes some clear mandate of public policy." On the facts in Adler, the employee did not state such a claim. In Ewing v. Koppers Co., 312 Md. 45 (1988), the court extended the tort: "We hold that a cause of action for abusive discharge exists in favor of employees who serve under contract as well as those who serve at will."

The Makovi limit. In Makovi v. Sherwin-Williams Co., 316 Md. 603 (1989), the court held that an abusive discharge claim does not lie where the public policy the employee relies on is already vindicated by an anti-discrimination statute with its own remedy. The court described the tort as limited to discharges "in violation of a clear mandate of public policy which otherwise would not be vindicated by a civil remedy." So a firing because of a protected characteristic generally goes through the Fair Employment Practices Act, not the tort. The limit is not absolute: in Insignia Residential Corp. v. Ashton (2000), the court allowed an abusive discharge claim by an employee who said she was fired for refusing a supervisor's sexual demands, because that firing also violated the "entirely separate, independently based, public policy" in the criminal prostitution statute, and the claim was "not precluded by Makovi."

What counts as public policy. Adler discusses public policy found in statutes. In Ewing (1988) the court held that "Discharging an employee solely because that employee filed a worker's compensation claim contravenes the clear mandate of Maryland public policy." Our research did not establish whether a regulation or constitutional provision alone can supply the policy.

Deadline. Maryland's general limitations statute, Courts and Judicial Proceedings 5-101, says: "A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period." Our research found no decision applying it to abusive discharge specifically, so get advice promptly.

Workers' compensation retaliation (Labor & Employment 9-1105)

"An employer may not discharge a covered employee from employment solely because the covered employee files a claim for compensation under this title" (Labor & Employment 9-1105). A violation is a misdemeanor punishable by a fine of up to $500, imprisonment of up to 1 year, or both. The section itself states no civil remedy; a fired employee's civil claim is the abusive discharge tort described above. For the benefits side, see Maryland workers' compensation laws.

Jury service (Courts and Judicial Proceedings 8-501, 8-502)

Under 8-501(a), "An employer may not deprive an individual of employment or coerce, intimidate, or threaten to discharge an individual because the individual" loses work time responding to a jury summons or attending court for jury service. A violation is subject to a fine of up to $1,000. Under 8-502, an employer also may not require an employee to use annual, sick or vacation leave to respond to a jury summons, again with a fine of up to $1,000. Neither section states a civil remedy for the employee.

Earned sick and safe leave (Labor & Employment 3-1308, 3-1309)

Under the Maryland Healthy Working Families Act, an employer may not "take adverse action or discriminate against an employee because the employee exercises in good faith the rights protected under this subtitle," and "adverse action" includes discharge (3-1309(a), (c)). An employer also may not count protected leave under an absence control policy toward an adverse action.

The employee files a written complaint with the Commissioner of Labor and Industry (3-1308). The Commissioner may order the value of unpaid leave and actual economic damages, an amount up to three times the employee's hourly wage per violation, and a civil penalty of up to $1,000 per employee. Section 3-1308 states no deadline to file the complaint; an employee may sue within 3 years after the Commissioner's order to enforce it, with possible treble value of unpaid leave, punitive damages and attorney's fees.

Other Maryland protections

• Wage discussions. An employer may not prohibit employees from inquiring about or discussing wages, or take "any adverse employment action" against an employee for inquiring about, disclosing or discussing wages or asking why they are paid what they are paid (Labor & Employment 3-304.1). A written policy limiting the time, place and manner of those discussions is an affirmative defense. If the employer knew or reasonably should have known its action violated the law, the employee may sue for actual damages plus an equal amount as liquidated damages, and the court must award attorney's fees; suit must be filed within 3 years after the employee receives final wages (Labor & Employment 3-307).
• Harassment waivers. A contract provision that waives rights or remedies for future claims of sexual harassment or retaliation for reporting it is void, and an employer "may not take adverse action against an employee because the employee fails or refuses to enter into" such an agreement (Labor & Employment 3-715(b)(1)). An employer that enforces or tries to enforce a void waiver is liable for the employee's reasonable attorney's fees and costs (3-715(c)).
• Workplace safety. Maryland runs its own occupational safety and health program (MOSH). An employer may not fire or otherwise discriminate against an employee for filing a complaint, bringing or testifying in a proceeding, or exercising a right under Maryland's occupational safety and health law. The employee must file a signed written complaint with the Commissioner of Labor and Industry within 30 days after the discrimination; if the Commissioner finds a violation, the Commissioner sues in circuit court for relief that can include reinstatement with back pay (Labor & Employment 5-604). In states with their own OSHA-approved plans, employees may also file a section 11(c) complaint with federal OSHA; the federal deadline is 30 days after the violation (29 U.S.C. 660(c)(2)).
• Parental leave. An employer covered by Maryland's Parental Leave Act may not fire or otherwise discriminate against an employee for requesting or taking parental leave under the Act or for complaining about a violation (Labor & Employment 3-1209); the employee may sue for lost wages and benefits, and the court must award attorney's fees (3-1208).
• National Guard. Maryland adopts the federal USERRA as state law for National Guard members ordered to military duty, and a member whose employment or reemployment rights were violated may sue for economic damages, including lost wages and benefits, with counsel fees (Public Safety 13-704).
• Witnesses and crime victims. An employer may not fire an employee solely for time lost responding to a witness subpoena or attending a criminal proceeding the employee has a right to attend as a victim; a violation carries a fine of up to $1,000 (Courts and Judicial Proceedings 9-205).
• Voting. An employer must give a registered voter up to 2 hours of paid absence on election day to vote if the employee lacks 2 continuous off-duty hours while the polls are open (Election Law 10-315). The section contains no discharge clause or remedy.

Whistleblowing

Our research did not locate a general Maryland statute protecting private-sector employees who report wrongdoing, but several specific statutes apply. An employer may not retaliate against an individual licensed or certified by a Maryland health occupations board for disclosing, testifying about or refusing to take part in a violation of law (Health Occupations 1-502), but only if the employee reasonably believed in the violation, it posed a substantial and specific danger to public health or safety, and, before reporting to the board, the employee reported it to the employer in writing or followed the employer's compliance plan (1-503). Suit must be filed within 1 year after the violation or after the employee first became aware of it (1-504). Employees who act against false claims to State health plans and programs, or to state or local governments, are protected by the False Health Claims Act (Health-General 2-607) and the Maryland False Claims Act (General Provisions 8-107), which allow suits for reinstatement, two times lost wages and benefits, punitive damages and attorney's fees. Our Maryland whistleblower laws page has more on reporting wrongdoing.

Constructive discharge

In Beye v. Bureau of National Affairs, 59 Md. App. 642 (1984), the Court of Special Appeals said the law "recognizes the concept of 'constructive discharge'" and that most courts hold "a constructive discharge occurs in this context when an employer deliberately causes or allows the employee's working conditions to become 'so intolerable' that the employee is forced into an involuntary resignation." The court found no constructive discharge on the facts alleged there, and so no abusive discharge.

Wrongful termination deadlines in Maryland

The EEOC deadline in Maryland. The EEOC's Baltimore Field Office says an individual has 300 days from the date of alleged harm to file a charge against a Maryland employer with 15 or more employees, and 300 days for age discrimination against an employer with 20 or more. It says charges against smaller employers must be filed with the state or local agency within the time state or local law sets. Under Maryland's statute, that is 300 days to the MCCR for most employment practices, and 2 years for harassment, which the Act covers at employers of any size (20-1004(c); 20-601(d)).

Where to file in Maryland

• Discrimination, harassment and retaliation under the Act: the Maryland Commission on Civil Rights. Its page says: "You need to file a charge within 300 calendar days from the day the discrimination took place." Our research did not confirm how the MCCR and the EEOC cross-file charges, so ask when you file.
• Federal claims: the EEOC, through the EEOC Public Portal or by phone at 1-800-669-4000 when a deadline is near.
• Earned sick and safe leave retaliation: a written complaint to the Commissioner of Labor and Industry (Labor & Employment 3-1308).
• Abusive discharge and contract claims: circuit court.

Suing after an MCCR charge

Under 20-1013(a)(1), a complainant may sue for an unlawful employment practice if the complainant "initially filed a timely administrative charge or a complaint under federal, State, or local law," "at least 180 days have elapsed since the filing of the administrative charge or complaint," and the suit is filed within 2 years after the practice (3 years for harassment). Those time limits are tolled while the administrative charge is pending (20-1013(a)(2)). The suit goes to the circuit court for the county where the practice occurred (20-1013(b)), and filing it "automatically terminates any proceeding before the Commission" (20-1013(c)).

If the MCCR finds probable cause and conciliation fails, either side may elect, within 30 days after service, to have the claim tried in a civil action brought by the Commission (20-1007). Otherwise an administrative law judge hears the case (20-1008).

County discrimination laws. In Howard, Montgomery and Prince George's Counties, a person subjected to discrimination the county code prohibits may sue in the circuit court for the county within 2 years, but an employment case may not be filed until 45 days after a complaint with the county unit that handles county discrimination laws (State Gov't 20-1202). The court may award the prevailing party attorney's fees, expert witness fees and costs. Senate Bill 694 of 2026 (2026 Md. Laws ch. 172), effective October 1, 2026, lets a complaint filed with the MCCR satisfy that 45-day prerequisite. It reenacted the 300-day and 2-year deadlines in 20-1004 without change. In Baltimore County, a person employed by an employer with fewer than 15 employees may sue the employer under the county code in the Circuit Court for Baltimore County within 2 years, but not sooner than 60 days after a complaint with the county unit or, since October 1, 2026, the MCCR; the court may award injunctive relief, compensatory damages including back pay, and attorney's fees, but not punitive damages (State Gov't 20-1203). In every other county, from October 1, 2026, a complaint filed with the MCCR satisfies any county or local requirement to exhaust remedies before suing (20-1204). County codes set their own agency procedures and deadlines, so check with the county office.

What a court can award in Maryland

Under 20-1013(d), the court may grant the remedies listed in 20-1009(b): an order stopping the practice; "appropriate affirmative relief, including the reinstatement or hiring of employees, with or without back pay"; compensatory damages; and other equitable relief. Back pay is reduced by interim earnings or amounts the employee could have earned with reasonable diligence (20-1009(b)(4)).

Punitive damages are available under 20-1013(e) if the employer is not a governmental unit and "has engaged in or is engaging in an unlawful employment practice with actual malice." Either side may demand a jury, and the court may not tell the jury about the caps (20-1013(f)).

Compensatory damages for future financial losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other nonfinancial losses are capped per complainant by employer size (20-1009(b)(3)), and compensatory plus punitive damages together may not exceed the same cap (20-1013(e)(2)):

Back pay and interest on it are awarded "in addition to" these damages (20-1009(b)(2)). In a pay discrimination case, back pay can reach up to 2 years before the complaint where a similar or related pay practice occurred outside the filing period (20-1009(b)(5)). The court may award the prevailing party reasonable attorney's fees, expert witness fees and costs (State Gov't 20-1015). The federal Title VII and ADA caps use the same dollar tiers (42 U.S.C. 1981a(b)(3)); see the wrongful termination guide.

Termination letters and personnel files

Our research did not locate a Maryland statute requiring a private employer to give a written reason for a termination or to let a private-sector employee see a personnel file. That is not a confirmed negative; if you need either, ask the employer in writing and keep a copy of your request.

Recent changes in Maryland

• 2026 Md. Laws ch. 183 (SB 439): approved by the Governor, effective October 1, 2026; adds the medical cannabis protection for fire and rescue public safety employees described above.
• 2026 Md. Laws ch. 172 (SB 694): approved by the Governor, effective October 1, 2026; lets an MCCR complaint satisfy the pre-suit complaint requirement for county discrimination suits in Howard, Montgomery, Prince George's and Baltimore Counties and any county exhaustion requirement elsewhere, and leaves the state filing deadlines unchanged.

Practical steps after a firing in Maryland

Write down the date you were fired, who told you, the reason given, and any complaint, injury claim, leave or jury summons involved, and keep any termination notice, contract or handbook. The deadline to watch for a discrimination claim is 300 days for the MCCR complaint, or 2 years for harassment. For your last wages, see Maryland final paycheck laws.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our Maryland severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Related

• Wrongful termination laws by state
• Maryland at-will employment laws
• Maryland workers' compensation laws
• Maryland whistleblower laws
• Maryland final paycheck laws
• Maryland severance pay laws

Disclaimer: This article provides general legal information about Maryland wrongful termination law (the Maryland Fair Employment Practices Act, the abusive discharge tort under Adler and Makovi, and Labor & Employment 9-1105, 3-1308 and 3-1309 and Courts and Judicial Proceedings 8-501) and the federal laws that apply in Maryland. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Maryland Commission on Civil Rights, the EEOC, a legal aid office or a lawyer licensed in Maryland.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Maryland?

Only when the firing broke a specific law or contract. The main routes are the Fair Employment Practices Act (State Gov't 20-606), retaliation statutes, a contract term, and the abusive discharge tort for firings that contravene a clear mandate of public policy (Adler, 1981).

How long do I have to file a discrimination complaint in Maryland?

300 days after the discriminatory act for employment practices other than harassment, and 2 years after the harassment for a harassment complaint against an employer (State Gov't 20-1004(c)).

When can I file a discrimination lawsuit in Maryland?

After at least 180 days have passed since you filed a timely administrative charge, and within 2 years after the practice (3 years for harassment), with the time tolled while the charge is pending (State Gov't 20-1013(a)). Filing the lawsuit ends the Commission proceeding.

Does Maryland discrimination law cover small employers?

The Act covers employers with 15 or more employees, but the threshold drops to one or more employees when an employee files a complaint alleging harassment (State Gov't 20-601(d)(1)).

What is abusive discharge in Maryland?

It is the tort the Court of Appeals recognized in Adler v. American Standard Corp. (1981) for firing an at-will employee when the motivation contravenes some clear mandate of public policy. Makovi (1989) held it does not lie where a statute with its own remedy, such as the anti-discrimination law, already vindicates that policy.

Is there a cap on discrimination damages in Maryland?

Yes. Compensatory damages per complainant are capped at $50,000 (15 to 100 employees), $100,000 (101 to 200), $200,000 (201 to 500) and $300,000 (501 or more), and compensatory plus punitive damages together may not exceed that cap (State Gov't 20-1009(b)(3), 20-1013(e)(2)). Back pay is in addition.

What is the EEOC deadline in Maryland?

The EEOC's Baltimore Field Office says 300 days from the date of alleged harm for employers with 15 or more employees (20 or more for age).

Can I be fired for filing a workers' compensation claim in Maryland?

Labor & Employment 9-1105 says an employer may not discharge a covered employee solely because the employee files a claim for compensation, and makes a violation a misdemeanor. The statute itself states no civil remedy. In Ewing v. Koppers Co. (1988), the Court of Appeals held that firing an employee solely for filing a workers' compensation claim contravenes the clear mandate of Maryland public policy, which supports an abusive discharge claim.

Does Maryland recognize constructive discharge?

Yes. In Beye v. Bureau of National Affairs (1984), the Court of Special Appeals recognized the concept and described it as an employer deliberately causing or allowing working conditions to become so intolerable that the employee is forced into an involuntary resignation.