[MD] Can I sue for wrongful termination if I believe it was race-driven?
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Ok, so legally speaking, there just isn't a case. The reason is Maryland law requires 15 or more employees to bring a racial discrimination claim.
Here are some references:
- Justia: Employment Discrimination Laws – 50 State Survey (Maryland)
- Employment Law Group: Maryland Discrimination Attorney
This means that even if this was race-related, the law still says the employer is too small to qualify under Maryland’s employment discrimination laws. I’m so sorry about that.
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Can I sue for wrongful termination?
I'm sorry to hear about your situation. Can you tell me more about the circumstances surrounding your termination?
I was terminated for an equipment malfunction.
Were you given any reason for your termination by your employer?
Yes.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with wrongful termination.
Yes.
Hello! My name is Michael, and I'm here to help. For what reason did they blame you for the equipment malfunction?
We get our communications through a handheld device that wasn’t working at the time.
I'm so sorry about that! Why did they blame you for its failure?
They didn’t specifically blame me. I’m a truck driver, and I was sent an additional load that I didn’t cover because I didn’t get it via the handheld.
I'm so sorry about that! Do you have any reason to believe anything like race, age, gender, or disability was an underlying factor?
Yes, I believe it’s race. We have a new supervisor, and I believe it’s race-driven.
There was a previous incident that I was suspended for — for a similar matter. That’s one of the factors behind my belief that it’s race-driven.
I'm so sorry about that! What state is this in again? How many employees do they have?
Maryland, and there are three other employees.
Ok, so legally speaking, there just isn't a case. The reason is Maryland law requires 15 or more employees to bring a racial discrimination claim.
Here are some references:
- Justia: Employment Discrimination Laws – 50 State Survey (Maryland)
- Employment Law Group: Maryland Discrimination Attorney
This means that even if this was race-related, the law still says the employer is too small to qualify under Maryland’s employment discrimination laws. I’m so sorry about that.
Have you considered seeking unemployment insurance?
Yeah, if I can’t sue for wrongful termination, then I guess unemployment is the only other thing.
I hear you! Yes — if you were let go for some reason that is not your fault, like racial discrimination or equipment failure, then you should qualify for unemployment compensation.
Did you have any other details or concerns you wanted to address?
So wrongful termination can’t be applied for any other reasons than what you stated?
Correct! Even though you can't sue for it, you can still state this was the basis for your termination, which would help you qualify for unemployment.
