Workplace Retaliation in Maryland: Can You Sue For Retaliation

Yes, you can sue for workplace retaliation in Maryland if you have faced negative consequences, like termination or demotion, for reporting harassment, discrimination, or other unlawful practices.

Retaliation is illegal, and Maryland law protects employees who exercise their rights to speak up about workplace misconduct.

How to sue your employer for workplace retaliation

If you’re considering suing your employer for workplace retaliation in Maryland, here’s a simple guide on the steps to take:

1. Gather Evidence of Retaliation: Collect emails, texts, performance reviews, or written warnings that show how your treatment changed after you reported an issue. Documentation of these changes can support your claim.
2. Document Your Original Complaint or Report: Record the details of your initial complaint, such as reporting discrimination, harassment, or unsafe conditions. Showing this sequence helps connect the complaint to the retaliation.
3. Consult with a Flood Law Attorney: Reach out to a Flood Law attorney for guidance. Our team will review your case, advise on next steps, and help you understand Maryland’s retaliation laws to strengthen your claim.
4. File a Complaint with the MCCR or EEOC: Many cases require you to file with the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Our attorney will complete the forms, deadlines, and details needed for a complete submission.
5. Consider Mediation or Settlement: Retaliation claims are often resolved through mediation or settlement. This approach can save time and legal expenses. Your attorney from our firm can guide these discussions to ensure any agreement covers your damages.
6. File a Lawsuit if Needed: A civil lawsuit may be the next step if mediation or an agency investigation doesn’t resolve your claim. We will prepare the lawsuit, gather witness statements, and represent you in court.
7. Seek Compensation: If you win the case, you may receive compensation for lost wages, emotional distress, or other damages related to the retaliation. We will ensure you get a fair settlement or court outcome.

Our Rockville employment lawyer is here to help you seek the justice you deserve.

How much can you sue your employer for retaliation?

In a successful retaliation lawsuit, employees may be entitled to various types of damages, depending on the specific circumstances and the severity of the retaliation.

Here are the primary types of compensation you may receive as a plaintiff in a retaliation case:

• Lost Wages: This includes any income lost as a direct result of the retaliation. If you were terminated or demoted, you may be eligible for back pay from the time of the retaliatory action to the present. Future earnings, or “front pay,” may also be awarded if the retaliation has harmed your career prospects, preventing you from advancing as you would have otherwise.
• Emotional Distress Damages: Retaliation can cause significant stress, anxiety, or emotional hardship. Courts recognize the mental toll of workplace retaliation and may award compensation for the pain and suffering endured. Examples of emotional distress damages vary but may include cases where the plaintiff has documented evidence of counseling or therapy due to the stress.
• Punitive Damages: In cases where your employer’s actions were particularly malicious or reckless, the court may impose punitive damages to punish the employer and deter similar behavior in the future. These awards are often substantial and depend on the severity of the misconduct.
• Reinstatement to Previous Position: If you were terminated or demoted in retaliation, the court may order that you be reinstated to your former position. In some cases, reinstatement may come with additional conditions to protect you from further retaliation.
• Legal Fees and Court Costs: If the retaliation claim is successful, courts may also require your employer to cover the plaintiff’s attorney fees, court costs, and other related expenses. This is intended to ensure that employees can seek justice without financial barriers.

Each retaliation case is unique, and the potential financial recovery depends on factors such as the degree of harm suffered, the employee’s role, and the strength of the evidence presented.

Past case outcomes can serve as examples, but for an accurate assessment, consult a knowledgeable attorney from Flood Law, who can guide you based on your specific situation.

Time limits for filing a retaliation claim in Maryland

In Maryland, the statute of limitations for filing a retaliation claim depends on whether the claim is filed under state or federal law, as well as the specific agency handling the complaint:

• Federal Claims with the EEOC: For retaliation claims filed under federal law with the Equal Employment Opportunity Commission (EEOC), an employee generally has 300 days from the date of the retaliatory action to file a claim if the employer is located in Maryland. This timeframe applies to federal claims under statutes like Title VII of the Civil Rights Act. The EEOC will investigate the claim and may issue a “right-to-sue” letter, allowing the employee to proceed with a lawsuit in federal court if necessary.
• State Claims with the Maryland Commission on Civil Rights (MCCR): Under Maryland law, employees can file a retaliation claim with the Maryland Commission on Civil Rights (MCCR). The state allows up to 6 months (180 days) from the date of the retaliatory action to file a claim for retaliation under state employment discrimination laws. The MCCR process provides an opportunity for mediation and investigation, and it may offer a state-level resolution for retaliation claims.

Some circumstances may extend the filing deadline:

• Continuing Retaliation: If retaliation is ongoing, such as repeated negative performance reviews or harassment related to the original complaint, courts may consider the entirety of the conduct rather than isolating each act. This “continuing violation” doctrine can allow you to file within 300 days (EEOC) or 6 months (MCCR) after the last retaliatory act.
• Delayed Discovery: In cases where the retaliatory action was not immediately evident, such as a hidden change in compensation or missed promotion, employees may be able to file within the statutory period after discovering the retaliation.

For confirmation of how long you have to file a claim in your situation, reach out to a Washington DC employment lawyer from our firm today

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What is considered retaliation in Maryland?

Under Maryland law, workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a complaint, reporting discrimination, or participating in an investigation.

Retaliation can take many forms, and the law protects employees from punitive actions designed to punish them for exercising their rights.

Common forms of retaliation by an employer in Maryland may include:

• Termination: Firing an employee in response to filing a discrimination or harassment complaint.
• Demotion: Lowering an employee’s position, duties, or job title as a punishment for speaking out about unfair treatment.
• Reduced Hours or Pay Cuts: Reducing work hours, cutting pay, or limiting overtime opportunities as a way to discourage complaints or investigations.
• Harassment or Hostile Treatment: Subjecting an employee to bullying, unfair treatment, or verbal harassment in response to their protected actions.
• Unwarranted Disciplinary Actions: Issuing unjustified write-ups, suspensions, or other disciplinary measures as punishment for the employee’s complaints.
• Job Reassignment: Moving an employee to a less favorable position or assigning menial tasks outside of their typical job scope as retaliation.

Maryland has specific laws that safeguard employees from retaliation, most notably through the state’s adoption of federal protections as well as its own state statutes:

1. Maryland Fair Employment Practices Act (FEPA): The FEPA is Maryland’s primary anti-discrimination statute, prohibiting employers from retaliating against employees who report discrimination or participate in investigations under its protections. FEPA applies to businesses with 15 or more employees and includes protections for complaints related to race, gender, age, disability, and other protected characteristics.
2. Maryland Wage and Hour Law: This law safeguards employees who report wage violations or improper pay practices. Retaliation for filing a wage claim or reporting wage-related violations is strictly prohibited, ensuring employees can pursue rightful compensation without fear of retribution.
3. Maryland Whistleblower Law: This state law protects employees who disclose information about illegal activities, gross mismanagement, or serious safety concerns. The Whistleblower Law prohibits retaliation against employees for reporting such issues, supporting transparency and accountability within public agencies.
4. Federal Protections Under Title VII of the Civil Rights Act: While not specific to Maryland, Title VII protects employees nationwide from retaliation by employers when they file claims regarding discrimination based on race, color, religion, sex, or national origin. This federal statute often complements Maryland state laws by providing broader protections for employees facing retaliatory actions.

What constitutes protected activity?

“Protected activity” refers to specific actions taken by employees that are legally safeguarded from retaliation by employers. These protections are best because they ensure employees can exercise their rights without fear of punishment or adverse actions by their employers.

Employees who engage in a protected activity are shielded from retaliation, such as demotion, termination, or harassment, as a direct result of their actions.

Several types of actions qualify as protected activity under Maryland and federal law:

• Reporting Harassment, Discrimination, or Wage Violations: Maryland law protects employees who report workplace issues, such as sexual harassment, discrimination based on race, age, gender, religion, disability, or wage-related violations. For instance, if an employee reports an unfair pay practice or discriminatory treatment, they engage in a protected activity and cannot legally be penalized.
• Filing a Workers’ Compensation Claim: Maryland employers are prohibited from retaliating against employees who seek rightful benefits following a workplace injury, ensuring they can pursue compensation for medical expenses and lost wages.
• Participating in an Investigation or Whistleblowing: Employees who cooperate in workplace investigations—whether internal or external—into discrimination, harassment, or other violations are protected. Maryland’s Whistleblower Law also shields employees who report unlawful activities or violations of safety regulations. These employees cannot be penalized or terminated for sharing information that reveals misconduct within the organization.
• Taking Legally Protected Leave: Another example of protected activity is taking leave under federal and state leave laws, such as the Family and Medical Leave Act (FMLA). Employeesare entitled to take this leave without fear of retaliation when dealing with personal health issues, caring for a family member, or addressing maternity or paternity needs.

Protected activities enable employees to advocate for their rights and report violations without fear of negative consequences. Maryland law aims to foster a safe and fair workplace by holding employers accountable if they retaliate against workers who engage in these lawful activities.

Reach out to our experienced Maryland employment lawyers today for a confidential and sympathetic ear.

Why you need a retaliation lawyer

If you believe you’ve experienced workplace retaliation, consulting a lawyer at Flood Law is essential to protect your rights and build a strong case. Handling retaliation claims alone can be challenging and tough, but an experienced lawyer can provide critical guidance, ensuring you’re fully informed and prepared at every step. 

Here’s how an attorney from our law firm can assist you:

• Evaluating the Strength of Your Case: We will begin by carefully reviewing the details of your situation to assess the strength of your case. We’ll gather evidence, identify key elements to support your claim and determine the best path forward based on Maryland employment laws. Our team will explain the merits of your case, helping you understand your options before taking any formal steps.
• Guiding You Through Employment Law and Legal Requirements: Employment law can be intricate, with various protections and specific requirements that impact retaliation claims. Our lawyers will walk you through the legal process, clarify Maryland’s employment laws, and advise on the regulations that apply to your situation. This guidance is essential to ensure you take the right actions at the right times, from filing complaints to meeting deadlines.
• Negotiating Settlements or Pursuing Litigation: Whether your goal is to reach a fair settlement or take your claim to court, our attorneys are skilled negotiators and experienced litigators who will advocate for you. We handle negotiations with your employer to secure the best possible outcome while preparing to litigate in court if necessary. Our team is prepared to pursue every avenue to hold your employer accountable for their actions.
• Protecting Your Rights Throughout the Process: Retaliation cases can be emotionally and financially taxing, especially when dealing with a former or current employer. Flood Law attorneys act as your advocates, ensuring that your rights are protected against any further unfair treatment or retaliatory actions. We maintain open communication with you and keep your best interests at the forefront of our strategy.
• Gathering and Presenting Compelling Evidence: Strong evidence is essential in retaliation cases, and our team at Flood Law will assist in collecting and organizing all relevant documents, witness testimonies, and communication records that support your claim. We manage this process from start to finish, reducing your stress and burden.
• Providing Honest, Practical Advice: At every stage, our attorneys offer transparent and practical advice tailored to your case. We explain the possible outcomes, weigh the pros and cons of different strategies, and help you make informed decisions. You can proceed confidently with us by your side, knowing you have knowledgeable advocates fighting for you.

Speak to a Maryland employment attorney today

If you’re facing retaliation in the workplace, discrimination, or any form of mistreatment at work, Flood Law is here to help. Our experienced Maryland employment attorneys understand how challenging it can be for victims to stand up for their rights, and we’re dedicated to providing the support and expertise you need to take action.

We’ll carefully assess your claim, outline your legal options, and guide you through each stage of the process—whether that means negotiating a fair settlement or standing by you in court.

Contact us today at (240) 403-2619.