Legal Question in Employment Law in Maryland

Unlawful layoff

Maryland is an ''at will'' employment state, which means that an employer can fire you without reason. Does that also mean that you can be laid off for ''your position is being eliminated'' and then within 3 months they give someone else your supervisory responsibility? That does not seem ethical. I am a 45 year old woman; do I have a discriminatory case for age/sex? Being laid off is different that being fired. If I was fired for nonperformance then I would understand, but that is not what occurred. Any suggestions?


Asked on 10/18/04, 7:11 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Unlawful layoff

If you were laid off due to your age or gender then you may have a cause of action. You must show a connection with your age or gender to prevail on a discrimination claim. Your question indicates that this may be the case.

Collective bargaining or other employment rights may apply. This would change the procedural aspect of your case but you would still need to prove discrimination. Other remedy may be available where some contractual obligation exists.

"Business decision" is a defense that may be raised by the employer. This may not apply in certain circumstances and would not avoid a claim of discrimination.

Contact an attorney. I am available at (410) 799-9002 or by return e-mail.

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Answered on 10/18/04, 9:53 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Unlawful layoff

Age discrimination is illegal. The facts you provide suggest there may have been an improper motive for your termination. However, you are obviously getting your facts "second hand". Since you don't work at that employer anymore, you have no real direct way of knowing what happened after you left.

In order to successfully pursue a discrimination case, you will probably need to do more investigation and get more of the facts together. You will definitely need an attorney.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/19/04, 10:01 am


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