If an employee releases confidential or damaging information about a company, an employer will likely be very concerned about how or if their business will be impacted. It is also common for an employer to consider how or if they are permitted to reprimand the employee.
Because Maryland is an at-will employment state, employers may be inclined to think that they are allowed to terminate any worker at any time for any reason, including the report of damaging information. However, this can be a dangerous generalization to make, especially if the employee in question is considered a whistleblower and therefore protected by state and federal laws.
To be considered a whistleblower, an employee must have filed a complaint or made a report regarding unlawful practices they believe are taking place. This typically includes environmental violations, fraud, harassment or ongoing safety hazards in the workplace. These complaints must be filed with an appropriate party; not simply disseminated to the public.
If an employee fits these criteria, he or she will likely be considered a whistleblower and will be legally protected from harassment, discrimination, termination or other retaliatory measures.
It is important for employers in Maryland to remember, however, that not every employee who addresses alleged violations is protected from retaliation. If the practices cited by the employee are not unlawful or they are not reported through the proper channels, the whistleblower status may not be applicable to that employee.
In order to better understand termination laws and rights, whether you are an employee or an employer, you can consult an attorney. Doing this before making a questionable decision could prevent a potentially costly mistake.