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While the Maryland doctrine of employment at-will has been reaffirmed in several leading cases, there have been exceptions limiting this doctrine and thereby expanding the employee's rights. For example, while the at-will employee may be terminated at any time and without cause, an employer cannot terminate for discriminatory reasons based upon race, gender, age, national origin, or religious affiliation. Likewise, Maryland courts have held that an at-will employee may recover damages if the discharge "contravened some clear mandate of public policy". The public policy exception is not easy for an employee to meet. For example, one court turned a deaf ear to the employee's argument that she was discharged only for protesting deviations from proper testing procedures which she felt were an employer's attempt to deceive an inspector.
Accordingly, in evaluating the rights and obligations of at-will employees, it is important to remember that this employment theory has been eroded by the Maryland courts. No longer does an employer retain the absolute right to terminate the employment of an at-will employee totally without cause. When faced with a potential dismissal of such an employee, the employer's actions may be limited by Federal, State or local statutes, or mandates of public policy. Federal statutes include by way of illustration: Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act and the Fair Credit Reporting Act.
An employer can limit or prevent future problems by planning personnel policies in advance, by periodic legal review of policies, by including disclaimers within personnel policies by having employees acknowledge receipt in writing, and by being particularly careful of letters, memos, or employee handbooks or manuals that use overly confining terminology such as "all", "always", "permanent employment", "guarantee", or terms of obligation such as "shall", "will", or "must". References to "probationary" periods and employees' "seniority" or "seniority rights" and notice periods should also be used with particular caution. The prudent employer should also include non-discrimination policies and other disclaimers giving the employer wide latitude and discretion to amend, clarify, change, or limit any of the policies or procedures from time to time.
One thing is certain, the words that you use may have unintended consequences, and could change an at-will employment situation into an express or implied contract thus limiting the employer's rights. Legal assistance in the drafting, preparation and periodic review of employee handbooks, manuals, policies, procedures, and the like can prove invaluable in protecting the employer against wrongful discharge claims and their associated expenses.
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