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Can I fire employees for reasons other than poor performance in Maryland? What are the requirements?

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Can I fire employees for reasons other than poor performance in Maryland? What are the requirements?

Yes, an employer in Maryland can fire employees for reasons other than poor performance. However, the reasons for termination must not be illegal or unconstitutional [1.3].

The Maryland Code of Regulations provides guidelines for disciplinary actions related to employee misconduct, unsatisfactory performance, and separation for budgetary reasons [1.1][2.1][1.2][1.4]. An employer must follow the procedures outlined in these regulations before taking disciplinary action against an employee.

Before an employee may be disciplined for conduct-related reasons, the appointing authority shall notify the employee of the misconduct, investigate the alleged misconduct, meet with the employee, consider any mitigating circumstances, determine the appropriate disciplinary action, if any, to be imposed, and give the employee written notice of the disciplinary action to be taken and the employee’s appeal rights, and inform the employee of the effective date of the disciplinary action [1.2].

An employer must report in writing to the Secretary when an employee is voluntarily or involuntarily separated from a position with an unsatisfactory employment record. The unit shall give the employee a copy of the report, either in person or by certified mail sent to the employee’s last address of record. The unit shall forward the report to the Secretary within 30 days of the employee’s separation [2.1].

An individual may be terminated with prejudice from State service when the individual’s actions are found to be so egregious that the individual does not merit employment in any capacity with the State. Termination with prejudice is a permanent bar to any future employment in any capacity with the State [2.1].

Each employee subject to the regulations serves at the pleasure of the appointing authority and may be terminated or disciplined for any reason that is not illegal or unconstitutional, solely in the discretion of the appointing authority [1.3].

In summary, an employer in Maryland can fire employees for reasons other than poor performance, but the reasons for termination must not be illegal or unconstitutional. The employer must follow the procedures outlined in the Maryland Code of Regulations before taking disciplinary action against an employee.

Source(s):
Jurisdiction

Maryland