Every employee has the right to work in an environment free from discrimination, harassment, and illegal conduct. Maryland and federal laws support that right—and they also protect employees who choose to speak up when something isn’t right. But what happens when speaking up leads to being fired?
This is called retaliation, and it’s one of the most common forms of wrongful termination. In this post, we’ll explain what retaliation looks like in the workplace, how Maryland law protects whistleblowers and other employees, and what to do if you’ve been fired for exercising your rights.
What Is Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting discrimination, harassment, illegal conduct, or other workplace violations. Retaliation can take many forms, but one of the most serious—and illegal—is termination.
Federal and Maryland laws prohibit employers from firing, demoting, harassing, or otherwise penalizing employees who:
- File or support a complaint of discrimination or harassment
- Report workplace safety violations or wage theft
- Refuse to participate in illegal activity
- Request reasonable accommodations for a disability or religious belief
- Take protected medical or family leave
- Act as a whistleblower by reporting illegal conduct
If your employer fired you for taking one of these actions, you may have a legal claim for wrongful termination based on retaliation.
What Counts as Protected Activity?
To qualify for legal protection, your actions must fall under what’s considered protected activity under the law. Examples include:
- Filing a complaint with HR, your supervisor, or a government agency about discrimination, harassment, or unsafe conditions
- Participating in an investigation related to another employee’s complaint
- Refusing to do something illegal, like falsifying reports or lying to regulators
- Testifying in a lawsuit or administrative hearing
- Requesting accommodations or medical leave you’re legally entitled to
- Reporting wage violations, including unpaid overtime or minimum wage violations
Even if the complaint or report is not ultimately upheld, you are still protected as long as you had a reasonable, good-faith belief that something illegal was happening.
How Retaliation Happens
Retaliation can be obvious—or very subtle. In some cases, the employer directly fires the employee after a complaint. In others, they may build a case over time, hoping to make the termination look unrelated.
Common signs of retaliation include:
- Sudden poor performance reviews after a complaint
- Being left out of meetings or projects you previously handled
- Being reassigned to less favorable duties
- A demotion or reduction in hours
- Termination without a clear or consistent reason
If your employer’s behavior changed dramatically after you spoke up, and that change led to your termination, you may have been retaliated against.
Maryland Laws That Protect Against Retaliation
Maryland law provides several protections for workers who experience retaliation:
- The Maryland Fair Employment Practices Act prohibits retaliation against employees who report or oppose discrimination or harassment.
- The Maryland Whistleblower Protection Act protects public employees who report illegal or unethical conduct.
- Maryland courts recognize a public policy exception to at-will employment, which prevents employers from firing workers for refusing to engage in illegal acts or reporting wrongdoing.
- Federal laws like Title VII, the ADA, and the FMLA also apply in Maryland and offer robust anti-retaliation protections.
These laws make it clear: employers cannot legally punish you for standing up for your rights or the rights of others.
What to Do If You’ve Been Retaliated Against
If you suspect that your firing was in retaliation for engaging in a protected activity, take the following steps:
1. Document Everything
Save emails, texts, performance reviews, or any communication related to your complaint and termination. Keep a detailed timeline of events—when you spoke up, what happened afterward, and when you were fired.
2. File a Complaint with the Right Agency
Depending on your situation, you may need to file a charge with:
- The EEOC (Equal Employment Opportunity Commission)
- The Maryland Commission on Civil Rights (MCCR)
- OSHA, if the retaliation is related to workplace safety issues
- The U.S. or Maryland Department of Labor, if it’s a wage or leave issue
These agencies investigate retaliation claims and can authorize you to pursue a lawsuit if necessary.
3. Speak to an Employment Attorney
A qualified employment lawyer can help you understand your rights, gather evidence, file complaints, and—if needed—take your case to court. Many attorneys offer free consultations and work on contingency, meaning you don’t pay unless you recover compensation.
4. Act Quickly
Retaliation claims have strict deadlines. In many cases, you must file a complaint within 180 to 300 days of the retaliation. Waiting too long can cost you your legal rights.
Possible Legal Remedies for Retaliation
If your case is successful, you may be entitled to:
- Back pay (lost wages and benefits)
- Reinstatement to your previous position
- Compensation for emotional distress
- Punitive damages (in cases of egregious employer behavior)
- Legal fees and court costs
Every case is different, but the law is designed to make you “whole” after an unlawful firing.
Final Thoughts
Retaliation is illegal, plain and simple. No one should be punished for doing the right thing—whether it’s reporting harassment, refusing to break the law, or standing up for workplace safety.
If you were fired after speaking up, you don’t have to accept it quietly. Understanding your rights is the first step. Holding your employer accountable is the next.
If you think you’ve been wrongfully terminated due to retaliation, consult with an experienced Maryland employment attorney as soon as possible. The law is on your side—if you take action in time. We recommend wrongful termination lawyers maryland.
