Wrongful Termination in Maryland
Wrongful Termination in Maryland: Abusive Discharge and Its Careful Limits
The Statutory Routes Come First
Abusive Discharge: The Court-Made Claim
Maryland’s Court of Appeals recognized the tort in Adler v. American Standard Corp. (1981): an at-will employee fired in a way that contravenes a clear mandate of public policy may sue in tort. The classic examples hold up — fired for refusing to commit an unlawful act, for performing an important public function like jury service, or for exercising a clear statutory right.
But two later decisions define the claim’s real shape. In Makovi v. Sherwin-Williams Co. (1989), the court held that abusive discharge is generally unavailable where the public policy comes from a statute that already provides its own remedy — you cannot use the tort to escape the procedures and caps of, say, the discrimination laws. And in Wholey v. Sears Roebuck & Co. (2002), the court confronted an employee fired for investigating suspected theft by a supervisor: it recognized a public policy protecting those who report suspected crimes to the authorities, but declined to extend the tort to purely internal investigation and reporting. The lesson of Wholey is uncomfortable but important: where you report can determine whether your firing is actionable.
What This Means in Practice
- If a statute covers your situation, your claim almost certainly lives there — with its deadlines and procedures — not in tort. That is Makovi’s rule, and it makes early legal analysis essential.
- If you refused to break the law, were penalized for jury or witness duty, exercised a clear statutory right, or reported suspected crime to law enforcement, the abusive-discharge tort is squarely available.
- If you only reported internally, your protection depends on finding a statute that covers internal reports — several of the whistleblower laws do — which is exactly the kind of gap an attorney should map before anything is filed.
What Compensation Can You Recover?
Frequently Asked Questions
What is “abusive discharge”?
Maryland’s name for the court-made wrongful-termination claim, recognized in Adler (1981): a firing that contravenes a clear mandate of public policy — refusing to commit an unlawful act, serving on a jury, exercising a clear statutory right — is actionable in tort even though employment is at will. Its boundaries are policed carefully, which is why route-mapping matters.
Can I sue in tort instead of under FEPA to get around the damages caps?
No — that is exactly what Makovi forbids. Where a statute supplies the public policy and its own remedy, the claim lives in the statute, with its procedures and caps. The tort exists for the gaps statutes leave, not as an escape hatch from them.
I reported wrongdoing internally, not to the police. Does that matter?
It can matter enormously. Wholey protects reports of suspected crime to the authorities but declined to extend the tort to purely internal reporting. Internal reporters must instead find a statute that covers internal reports — several whistleblower laws do — which is precisely the gap an attorney should map before anything is filed.
Bottom Line
Were You Wrongfully Terminated in Maryland?
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