Maryland, like many states, follows the doctrine of at-will employment. This means that an employer can terminate an employee at any time, for any reason—or no reason at all—so long as the reason is not illegal. However, there’s an important and often misunderstood exception to this rule: the public policy exception.
If you’ve been fired for doing something that the law encourages—or for refusing to do something the law prohibits—you may have a claim for wrongful termination in violation of public policy.
In this article, we’ll break down what the public policy exception is, how it works in Maryland, and how it could apply to your wrongful termination case.
What Is At-Will Employment?
In Maryland, most employment relationships are presumed to be at-will. This means:
- You can quit your job at any time
- Your employer can fire you at any time
- No advance notice is required
- No specific reason for termination is needed
However, your employer cannot fire you for an illegal reason, such as discrimination, retaliation, or a violation of public policy.
What Is the Public Policy Exception?
The public policy exception is a legal doctrine that protects employees from being fired for reasons that violate clearly established public policy. This means that, even in an at-will job, you cannot be legally fired for:
- Refusing to break the law
- Reporting illegal conduct
- Exercising a legal right or duty
- Performing an act that the law encourages
In Maryland, this exception has been recognized by the courts and can form the basis of a wrongful termination lawsuit.
Examples of Wrongful Termination That Violate Public Policy
Maryland courts have found that firing an employee for any of the following reasons may violate public policy:
1. Refusing to Engage in Illegal Activity
Example: You’re asked by your manager to falsify financial records or lie to regulators, and you refuse. If you’re fired for that refusal, it may be a clear public policy violation.
2. Filing a Workers’ Compensation Claim
Employers are not allowed to retaliate against employees for exercising their right to seek compensation for work-related injuries.
3. Reporting Criminal Activity (Whistleblowing)
If you report fraud, safety violations, environmental violations, or other illegal conduct—either internally or to a government agency—you may be protected from termination under Maryland’s whistleblower protections and public policy doctrine.
4. Taking Time Off for Jury Duty or Voting
Employers cannot fire you for fulfilling civic obligations that are protected by law, such as serving on a jury or voting during legally protected hours.
5. Complying With a Legal Subpoena or Court Order
If you’re fired for missing work to appear in court as a witness or for complying with a subpoena, that’s likely a wrongful termination in violation of public policy.
What Counts as “Clear Public Policy”?
For a wrongful termination claim to succeed under this exception, the public policy in question must be clearly defined and well-established. Typically, this means the policy is reflected in:
- A statute (state or federal)
- A constitutional provision
- A regulatory rule or court decision
Maryland courts are cautious in applying this exception—they want to ensure that the policy is not vague or based on general fairness, but grounded in specific legal authority.
How to Prove Wrongful Termination in Violation of Public Policy
To succeed in a public policy wrongful termination claim, you’ll need to show:
- You were fired
- The firing was motivated by your engagement in a protected activity tied to public policy
- The public policy is clear and established in Maryland law
- Your conduct was lawful and in line with the public interest
This can involve gathering documentation, witness statements, internal communications, and evidence of the employer’s knowledge of your protected activity.
What Remedies Are Available?
If you prevail in a public policy wrongful termination claim in Maryland, you may be entitled to:
- Back pay (wages and benefits lost after termination)
- Front pay (future lost earnings)
- Compensatory damages for emotional distress or reputational harm
- Punitive damages (in some cases, if the employer acted maliciously)
- Reinstatement to your former position (in rare circumstances)
- Attorney’s fees and court costs
Final Thoughts
At-will employment does not mean employers have unlimited power. Maryland law is clear that no employee should be forced to choose between their job and the law. If you’ve been fired for doing the right thing—or for refusing to do something illegal—you may have a valid claim for wrongful termination in violation of public policy.
These cases can be complex, but they are winnable with the right legal support. Speak with an experienced Maryland wrongful termination attorney to understand your options and fight back against unfair treatment. We recommend wrongful termination attorney dc.
