If you’ve recently been fired and suspect your employer acted unfairly or unlawfully, you may be wondering: Was I wrongfully terminated? Was I the victim of retaliation? Or both? These terms are often used interchangeably, but in Maryland employment law, they have distinct meanings—though they sometimes overlap.
In this blog post, we’ll break down the differences (and connections) between retaliation and wrongful termination, how to recognize them, and what you can do if you’ve experienced either.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of the law or public policy. While Maryland is an “at-will” employment state—meaning employers can fire employees for almost any reason—there are important exceptions.
A termination may be wrongful if it violates:
- Anti-discrimination laws (e.g., race, gender, disability, age)
- Retaliation protections
- Public policy (e.g., firing someone for refusing to commit an illegal act)
- Employment contracts or union agreements
Wrongful termination is an umbrella term that can include many types of illegal firings—retaliation being one of the most common.
What Is Retaliation?
Retaliation happens when an employer punishes an employee for engaging in a protected activity—something the law allows or encourages.
Protected activities include:
- Reporting discrimination or harassment
- Filing a workers’ compensation claim
- Taking legally protected leave (like under FMLA)
- Complaining about wage violations or unsafe work conditions
- Participating in a workplace investigation
- Whistleblowing illegal or unethical conduct
Retaliation doesn’t always involve termination. It can include demotions, pay cuts, reduced hours, negative performance reviews, or workplace isolation. However, when retaliation does result in firing, it also becomes a form of wrongful termination.
The Legal Difference
Think of it this way:
- Retaliation is about why you were fired (or disciplined).
- Wrongful termination is about whether the firing violated your legal rights.
So, all retaliatory firings are wrongful terminations, but not all wrongful terminations are due to retaliation.
Here are some examples to clarify the distinction.
Example 1: Retaliation-Based Wrongful Termination
A Maryland employee reports sexual harassment to HR. A month later, the employee is fired, supposedly for “performance issues,” despite no prior complaints.
➡️ This is likely retaliation (for reporting harassment) and wrongful termination (because retaliation is illegal under Maryland and federal law).
Example 2: Discriminatory Wrongful Termination
An employee is terminated shortly after disclosing a disability and requesting accommodations. No retaliation occurred, but the firing was based on the employee’s protected status.
➡️ This would be wrongful termination based on disability discrimination, not retaliation.
Example 3: Retaliation Without Termination
An employee files a wage complaint with the Maryland Department of Labor. In response, their employer cuts their hours and removes them from important projects.
➡️ This is retaliation, but not wrongful termination, since the employee wasn’t fired. Still, it’s illegal and grounds for a legal claim.
How to Prove Retaliation or Wrongful Termination
To build a strong case, you (with the help of your attorney) need to show:
In a Retaliation Case:
- You engaged in a protected activity
- Your employer took adverse action against you (e.g., firing, demotion)
- A causal link exists between your protected activity and the adverse action
In a Wrongful Termination Case:
- You were terminated
- The termination violated a specific law, contract, or public policy
Timing is often key. If you were fired soon after engaging in a protected activity, it can strengthen your retaliation claim—especially if there’s no valid performance-based reason for the firing.
What Damages Can You Recover?
If you win a retaliation or wrongful termination case, you may be entitled to compensation for:
- Lost wages and benefits (back pay and front pay)
- Emotional distress
- Legal fees and court costs
- Punitive damages (in cases of willful misconduct)
- Reinstatement (in some cases, if requested)
Your attorney will help determine the best strategy for pursuing damages based on your unique circumstances.
Steps to Take If You Suspect Retaliation or Wrongful Termination
- Document everything – Emails, performance reviews, complaints you filed, and the timeline of events
- Request a written reason for your termination
- File a complaint – With the EEOC, Maryland Commission on Civil Rights, or another appropriate agency
- Consult with an employment attorney – A lawyer can evaluate your case and help you file a claim before critical deadlines pass
In Maryland, the deadline to file a discrimination or retaliation complaint is generally 300 days from the date of the adverse action.
Final Thoughts
Understanding the difference between retaliation and wrongful termination is critical if you believe your firing—or any other adverse employment action—was illegal. If you were punished for speaking up, asserting your rights, or doing the right thing, the law is on your side.
Don’t stay silent. A knowledgeable Maryland wrongful termination attorney can help you sort through the facts, explain your options, and fight for the justice and compensation you deserve. We recommend wrongful termination attorney dc.