If you believe you were wrongfully terminated in Maryland, it’s important to understand that your employer will likely have defenses ready to protect themselves in any legal dispute. Knowing these common defenses can help you better prepare your case and work with your attorney to counter their arguments effectively.
In this post, we’ll explore some of the most frequent employer defenses in wrongful termination lawsuits and offer insights on how you can respond to strengthen your claim.
1. The “At-Will Employment” Defense
What Employers Say:
Employers often argue that because your job was “at-will,” they had the legal right to terminate you for any reason, even without cause.
How to Counter:
While Maryland is an at-will employment state, this doctrine is not absolute. Employers cannot fire employees for illegal reasons such as discrimination, retaliation, or violations of public policy. Evidence showing that your termination was based on a protected characteristic, retaliation, or breach of contract can override the at-will presumption.
2. Legitimate Business Reason for Termination
What Employers Say:
Employers may claim you were fired for legitimate reasons such as poor performance, misconduct, or company downsizing.
How to Counter:
You’ll need to gather evidence that:
- The stated reason was pretextual or false. For example, your performance reviews were positive, or you never received prior warnings.
- Similarly situated employees outside your protected class were treated differently.
- The timing of your termination closely followed a protected activity, like reporting harassment.
Documenting your work history, performance feedback, and any disciplinary records can help expose inconsistencies.
3. Failure to Follow Internal Procedures
What Employers Say:
Sometimes employers argue you were terminated because you violated company policies or didn’t follow required procedures.
How to Counter:
If the employer selectively enforces policies or deviates from their own disciplinary processes, this can suggest the termination was a pretext. For instance, if other employees violated the same policies without penalty, this supports your claim. Keep copies of employee handbooks and company rules, and compare how policies were applied.
4. No Evidence of Discrimination or Retaliation
What Employers Say:
Employers may argue that there’s no concrete evidence linking your termination to discrimination or retaliation.
How to Counter:
While direct evidence is rare, circumstantial evidence can be powerful. Examples include:
- Sudden changes in your treatment after protected activity
- Comments or behavior from supervisors showing bias
- Statistical evidence of discriminatory patterns in the workplace
Your attorney can help gather witness statements and other supporting proof.
5. Statute of Limitations or Procedural Issues
What Employers Say:
They might claim your claim is barred because you didn’t file a complaint with the EEOC or MCCR on time or failed to follow administrative procedures.
How to Counter:
Make sure you file all complaints within the required deadlines (usually 300 days in Maryland for discrimination claims). If you missed deadlines, your attorney might explore exceptions or alternative claims.
6. The “After-Acquired Evidence” Defense
What Employers Say:
In some cases, employers try to introduce evidence discovered after firing you—such as misconduct or dishonesty—to justify the termination.
How to Counter:
While this can limit damages, it does not excuse wrongful termination. If the employer fired you for an illegal reason and then found unrelated reasons afterward, you may still have a valid claim for lost wages and other damages.
Final Tips for Fighting Employer Defenses
- Keep detailed records: Document conversations, performance, and incidents thoroughly.
- Collect witness statements: Co-workers who observed discriminatory behavior or retaliation can be vital.
- Seek legal advice early: An experienced Maryland wrongful termination lawyer will help identify and counter defenses quickly.
- Be patient and persistent: Wrongful termination cases can be complex and require time to build a strong case.
Final Thoughts
Employers will often use a variety of defenses to try to avoid liability for wrongful termination. However, understanding these defenses and preparing to address them can significantly improve your chances of success.
If you’ve been fired under suspicious or unfair circumstances, don’t hesitate to consult with a skilled Maryland wrongful termination attorney. With the right strategy and evidence, you can fight back against your employer’s defenses and seek the justice and compensation you deserve. We recommend wrongful termination lawyers maryland.