At-Will Employment - Maryland

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

Maryland law does not require a discharge notice or a reason for discharge.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed oral or written assurances that employees would only be discharged for cause. Assurances may include oral promises or guidelines found in handbooks.

State

Contact

Maryland Department of Labor, Division of Workforce Development

Regulations

Exceptions to employment-at-will may exist for:

• serving jury duty;
• military leaves of absence;
• wage attachment for any one indebtedness; or
• insisting on rights under overtime, minimum wage, or workers’ compensation laws.

Employers are prohibited from discharge and other illegal discrimination based on race, color, gender, national origin, religion, age, disability, or marital status.

Federal

Contacts

None.

Regulations

None.