Metro Washington, Maryland and Virginia Retaliatory Termination Claims
With 20 years of employment law experience, Linda Hitt Thatcher has come to recognize two common misconceptions that might never go away: first, that a fired employee usually has a right to sue the employer; and second, that an employer can treat a so-called troublesome employee however it wants. As a matter of state and federal law, very few employees have a general right to keep their jobs, and most are subject to termination for lots of reasons or for no reason at all. But also as a matter of law, employers must be very careful about how they deal with employees who exercise certain protected rights.
If you have any question about your right of recourse against an employer who terminated your employment for unlawful reasons of discrimination or retaliation, or if you're an employer who wants to avoid the possibility of a retaliatory termination claim, contact the Thatcher Law Firm in Greenbelt, Maryland.
Our lawyers know how to spot the signs of retaliatory termination in a wide variety of situations, which are sometimes disguised as something else by the employer. We can often prove that the injured employee returning to work after a period of disability was fired in retaliation for filing a workers' compensation claim, not for poor job performance. We can also often show that the woman fired for a bad attitude was actually terminated because she supported a co-worker's sexual harassment claim during an internal investigation and in testimony at a hearing.
Other situations that commonly come up in retaliatory termination cases are the following:
- Reporting illegal government contracting practices, false statements or other fraud — so-called "whistleblower" cases
- Cooperating with an investigation by inspectors, licensing authorities or law enforcement agents
- Refusing to falsify records, invoices, receipts or other documents in violation of law
- Supporting a co-worker's complaint of unlawful discrimination or sexual harassment in the workplace
- Taking proper advantage of state or federal laws protecting the right to family leave, pregnancy leave, maternity leave, disability leave or workers' compensation
- Pursuing protected rights to reasonable accommodations at work for a disability
It's amazing how often personnel records reveal that an employee with a spotless performance record turns into dead weight immediately following one of the circumstances noted above. An employer's retaliation in the form of a demotion, undesirable transfer or reassignment, or termination of an employee asserting a protected right will often be justified in terms of recent poor performance reviews, but our attorneys' experience with the investigation and litigation of wrongful discharge claims can help you vindicate your rights.
In situations that have not yet reached the point of retaliatory termination, we can often help you negotiate a severance package that will allow you to leave your present employer with your career prospects intact. For additional information about your right to protection from an employer's retaliation in certain circumstances, contact an attorney at the Thatcher Law Firm in Greenbelt, Maryland.
