Visitor Question

Wrongly fired for lack of attendance?

Submitted By: Tangela (Odenton, MD)

I was fired from my company because they stated I had consistent lack of attendance, but I have copies of my time sheets that prove otherwise. I do not have excessive absences, which I would think is what constitutes lack of attendance.

I believe the termination was brought on by my PM not being thorough with my time sheets, and when he got questioned about it, he made me the scapegoat for his errors. Is there anything I can do about this? Is there a legal definition for lack of attendance? Can I appeal or take any action for wrongful termination? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tangela,

According to the State of Maryland Department of Labor, Licensing, and Regulation:

“In Maryland, employees work at the will of their employers. This means in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason – whether fair or not – or for no reason at all.”

There are exceptions…

Employers may not fire an employee based on discrimination, this includes termination based on race, color, gender, national origin, religion, age, disability or marital status. Employers may also not terminate an employee who is working under a written contract of employment. This is true unless the employee violates a clause in the contract or the contract expires.

To read Maryland’s law on At-Will Employment click here.

You can appeal your employer’s decision to terminate only if there’s an appellate process in place.

If not, then you continue to remain an at-will employee, subject to termination at the whim of your employer.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 5, 2015

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