Legal Question in Employment Law in Maryland

Re: Can small MD business terminate for sexual harassment?

Generally, an employee can be fired without notice, with or without cause, unless he/she has a contract or union. That is because most employees are "at will." So the employer can indeed fire someone for sexual harassment violations. The problem is that the employer sometimes overreacts, or acts without evidence. So it is best if there is at least a reasonable belief that the conduct occurred. Otherwise, it might be reverse sexual desicrimination, or discrimination on some other basis (race, age, religion, nationality)if other employees have not been treated as harshly.

Having said all that, if the employee is in fact guilty of harassing behavior, then he/she needs to accept responsibility and the consequences, learn a lesson and make sure it never happens again (rather than seeking to blame the employer for the discharge).

Last, the size of the employer may be relevant because they ar not subject to most of the federal and state sexual discrimination laws (that require 15 or more employees). But they may still fall under county laws (which usually apply to small employers too.)

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[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.