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Maryland Employment at Will

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What is “employment at will” in Maryland?

In Maryland, the term “employment at will” means that workers can quit a job any time, with or without a reason, and employers can fire workers at any time, with or without a reason. This applies throughout the state, unless an employee has an employment contract.

Smart Human Resources professionals know that it is not wise to fire workers without having just cause, or without providing that worker with a warning. Firing workers for no reason would more than likely cause drastic reductions in employee morale, and possibly decrease productivity as well. Firing people unjustly could also lead to an excess of unemployment claims.

Under federal law, “employment at will” cannot be utilized in any manner that could be considered discriminatory. Employers are prohibited from terminating workers because of their national origin, sex, religion, color, or race. In addition, federal law does not allow employers to fire workers just because of their age, if that individual is more than 40 years old. Sometimes, it is also prohibited to fire disabled people because of their particular handicap.

The “employment at will” concept is largely used by employers who want to fire workers who are considered to be troublesome. Many employee handbooks specifically mention the company’s right to use the “employment at will” doctrine. Workers are frequently asked to sign documentation stating that they have received their employee handbook, and that they agree to the terms listed in it.

Of course, workers do not have to sign “employment at will” statements or policies. Employers can, however, refuse to hire someone who refuses to sign this policy.

“Employment at will” can be restricted by written agreements. This includes union contracts. Thirty-eight states in America require that verbal promises of continued employment make the “employment at will” policy null and void. Eleven other states, including California, do not recognize employment at will at all. JH