What To Do After Unexpected Termination?
Losing your job under questionable circumstances creates immediate stress, financial change. and professional instability. If you are in the aftermath, and have documents related to how the employment ended, gather them, such as a copy of your job offer letter, employment contract if applicable, employee handbook if there is one, and related communications.
As an initial matter, Maryland is an "at will employment" state. Employment At Will means either side can end the employment for personal or business reasons without legal liability.
On the other hand, an employer cannot fire you for reasons that violate various specific laws, including anti discrimination laws:
- Terminations based on race, gender, age, religion, national origin, sexual orientation, age and/or disability are illegal;
- Firing an employee in retaliation for reporting about discrimination problems at work in good faith is illegal;
- Dismissals related to someone taking legally protected family medical leave (FMLA) or returning from it can be illegal;
- Discharging a state government employee for blowing the whistle on fraudulent corruption is illegal under Maryland's False Claims Act.
- Terminations that violate Maryland public policy, like firing a school teacher for reporting child abuse, firing an employee ordered to commit a crime because they refuse to commit a crime, or firing someone simply because they filed for worker's compensation, if these motives can be proven, is illegal under Maryland common law as wrongful termination.
Differentiating between an unfair business decision and an illegal termination requires careful analysis. Legal advice from a professional can help.
Signing Severance Agreements Prematurely:
Employers frequently present a severance package immediately upon termination if it is a large company or family business that routinely offers severance, or if there is a possible legal conflict afoot. You have the right to seek professional counsel before agreeing to severance terms, and this often is mentioned in any severance package document.
It is wise to seek a severance review, to ensure you understand what you are signing, ensure you understand any clauses about post-employment speech, post-employment work or restrictive covenants, post-employment confidentiality, and any obligations in it, including waiver of all legal claims, of course.
Failing to Secure and Preserve Evidence:
Building a strong case often requires comprehensive documentation of your employment history and the events leading to your dismissal. Many individuals make the mistake of leaving the building without securing essential records. You lose access to your company email, internal messaging systems, and performance reviews the moment your termination becomes official, because these documents are the private property of the employer.
While this legal article cannot offer advice on this matter, letters, emails, and documents that highlight any discriminatory or retaliatory behavior often are crucial evidence to prove these thing actually happened. If you have a copy, say, of your complaint about discrimination, demand for owed compensation, query about why commissions are late, or evidence of retaliation, these items in hand help establish an entry level legal case, or more.
Further, memories fade. So, having this evidence perserves the record of what happened, week to week, and day to day.
Discussing the Termination Publicly or on Social Media:
Experiencing a sudden job loss naturally generates feelings of anger and frustration. You might feel a strong temptation to air your grievances on social media platforms or professional networking sites. If for some reason you are reading this article, then you may be more cautious than someone who 'lives online.' Well, anything you say about your employer becomes public and becomes evidence.
At Mosson Law, LLC, we recommend in legal affairs to be strategic and practical. The law firm generally will not recommend airing ones grievances online. For instance, does it advance your reputation? If so, would that outweigh any harm to the now former relationship? Might it impact your legal claims if they exist?
The above considerations often are encountered in employment law, which involve navigating and managing one's career, plus related concerns such as reputation and/or other business interests, and not just a single employment event. If you have a legal claim, it is best to seek legal advice first.
Takeaways:
When let go, fired, or quitting under duress, time feels immediate. However, the legal process takes a longer span of time. While obtaining legal advice is crucial, the process of the law is measured often in months and years, though taking strategic and legal steps may require some immediate measures. Your first step can be seeking competent legal advice.
For instance, Charges of discrimination and retaliation must be filed with 300 days of the illegal action. Under Maryland law, discriminatory or retaliatory harassment claims must be filed within two years of the illegal harassment. A defamation lawsuit must be filed within one year of the alleged defamatory publication, while a breach of a contract requires a lawsuit be filed within three years of the alleged breach. While an investigation and demand letter might take only weeks to prepare and issue, these actions do consider the time frames involved as the firmer filing deadlines approach.
The below linked legal articles provide some helpful times on filing Charges and filing for Unemployment Benefits, both. My legal guide, Employee Rights in Maryland (Advantage Books 2021) provides some basics across 15 to 20 topics in employment law, linked too below. The Guide's available in the Maryland library system for loan and of course on Amazon and whereever books are sold.
3. Unemployment Benefits: A Basic Guide (Click Here for The Article)
Engaging with a legal professional early in the process provides you with a clear strategic advantage. An early evaluation of your circumstances helps you understand the true strength of your position. You can avoid wasting time on unviable claims and focus your resources on the most promising paths to resolution. Early intervention often opens the door to private negotiations and settlements before formal litigation becomes necessary. Taking immediate steps to protect your employment law rights demonstrates your commitment to holding your employer accountable.
Connect for Employment Law Guidance:
The best way is to schedule and coordinate your consultation needs with us is to email us in advance by using our contact form here.
Besides email, you can even give us all call at (443) 226-0601 for more information about our services.
If you’d like to learn more about our remote consultations, feel free to reach out to Mosson Law, LLC.
Gregg H. Mosson, Esq.
Mosson Law, LLC
ABOUT MOSSON LAW, LLC: Our founder and experienced attorney, Mr. Mosson, focuses on representing employees in claims of illegal discrimination, illegal retaliation, disability rights violations, severance negotiations, wrongful terminations, FMLA violations, civil service appeals, and when seeking owed commissions, bonuses, and wages. He represents family members as well who are navigating the complexities of separation, divorce, custody, child support, and alimony. He also serves people seeking disability benefits from Social Security and through the private insurance market. His experience and knowledge in these areas of the law are vast and helpful to the clients he represents.
For more details about his services, please click here or contact us by clicking here.