Few employment situations carry as much potential liability for an employer as the termination of an employee. In order to reduce the risk as much as possible, employers must implement procedures that require employee terminations be handled in a consistent, objective, fair and professional manner. As a general rule, Maryland follows the employment-at-will doctrine, which means that the employer or employee may terminate the employment relationship at any time, with or without notice and with or without cause. There are, however, some exceptions to the at-will doctrine, such as when the termination is prohibited by federal or state law, employment contracts or collective bargaining agreements. Thus, it is important for the employer to keep these exceptions in mind and maintain prior, consistent documentation to support the termination should the employee later challenge the termination decision.
There are several exceptions to the employment-at-will doctrine. Various federal anti-discrimination statutes protect employees from being discharged on the basis of race, color, sex, national origin, religion, age, disability, military status or other protected characteristics. Employees working under a written employment agreement or a union contract may also be protected...
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