Employees in Maryland may not realize that wrongful termination from a job can take many forms. For example, an employer might offer a severance package and tell an employee that they have to resign. However, the employee may want to consider this offer more carefully because doing so may make it impossible to file a wrongful termination suit.
A number of actions may fall under the category of wrongful termination. If a person is fired from a job as an act of sexual harassment or as retaliation for a complaint filed against the employer, this is wrongful termination. Other forms of wrongful termination include being fired in violation of labor laws or in contravention of provisions of employment agreements or being fired for reasons that violate anti-discrimination laws.
There are several steps one should always take after being fired. This allows time to consider what has happened and lays the necessary groundwork for a wrongful termination suit if it does turn out to be necessary to file one. Information gathering is important. People should find out who fired them and why as well as reviewing their employment and compensation agreements, personnel files and any promises made by their employer. They should also consult an attorney for advice. If they decide to accept a severance package, they should confirm all the information in writing.
An employer who is wrongfully terminating an employee might try to make it appear that an employee was dismissed for other reasons. For example, an employee might be fired for filing a harassment complaint, but the employer may claim it was because the employee was always late. If the employee can produce evidence demonstrating that tardiness was not a problem for them, they may have a successful case.
Source: FindLaw, "Wrongful Termination Claims", accessed on Feb. 25, 2015