Legal Question in Employment Law in Maryland

Unjust firing!

What is the probable cause for being dismissed from your job without having a company handbook stating the terms and policies? Where can I locate a copy of the Maryland State Employment Labor Laws?


Asked on 4/15/03, 12:35 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Unjust firing!

First, you should understand that Maryland's employment law is "at will". This essentially means that unless there

is a contract, collective bargaining agreement (i.e., a union), or quasi-contract (i.e., a contract based upon the dealings between the parties), each

of the parties in an employment setting is free to enter and leave the employment arangement at their will. This is not to say that there is no remedy

for an improper firing, such as where it is based upon a recognized status of age, gender, or race. Before you can address whether the firing was improper, you need to address whether the

employment arrangement was something other than "at will". Also, where you were not fired in fact (i.e., laid off) you have a right to collect unemployment benefits without any penalty period.

Hope this helps.

Read more
Answered on 4/15/03, 2:16 pm

Re: Unjust firing!

There is no "probable cause" rule or law, nor is there any requirement for a company to have a handbook or any written discharge rules. If you do not have a contract, handbook protections, or belong to a union, you are considered "at will," meaning that you can quit or be fired at anytime, with or without notice, for any legal reason. That basically means for any reason, unless there is some type of discrimination involved (race, sex, age, religion, disability, etc.).

You can go to any public library to research the Maryland Code, which includes Maryland law on employment. The librarian can assist you. You can also find the code online at http://www.findlaw.com/11stategov/md/laws.html. (it's under state codes at teh findlaw.com site.)

Of course, there are many, many state and federal laws which might be applicable, as well as thousands of cases. If you want to discuss your particular situation, please call me for a free consultation. I would be glad to discuss your options, even if you do not need an attorney.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Read more
Answered on 4/15/03, 2:20 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Maryland