What are the rules for retaliatory discharge?

Retaliatory discharge is a form of illegal discrimination in which an employer terminates an employee for engaging in a legally protected activity. In Maryland, the rules for retaliatory discharge are determined by the Maryland General Assembly and the Maryland Human Relations Commission. Generally speaking, an employer cannot fire an employee for filing a complaint against them or for participating in a discrimination investigation. Furthermore, an employer may not terminate an employee for any type of unlawful discrimination such as race, color, sex, age, religion, national origin, ancestry, or any other protected characteristics. The Maryland Human Relations Commission outlines specific standards that employers must comply with in order to protect employees from retaliatory discharge. In addition, employers must also provide written notice to the employee within 30 days of the termination explaining the reason why the employee was discharged. This notice must include the facts and circumstances leading up to the termination. Furthermore, employers must also provide a notice that outlines the employee’s right to file a complaint with the MDHRC. Finally, employers must also provide a grievance procedure which will allow the employee to respond to the termination and seek a resolution to any issues that may have led to the termination. This procedure should also include a process for appealing the decision of the employer if the employee believes that they have been unlawfully terminated. This should provide employees with a way to protect themselves from unlawful retaliatory discharge in Maryland.

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