Probationary Period Rules in Maryland: Can You Be Fired?

Federal law does not establish probationary period requirements or restrictions. However, at-will employment is the default rule in most U.S. states. Under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), employers cannot terminate any employee—including probationary employees—based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) prohibits termination based on disability and requires employers to provide reasonable accommodations even to probationary employees.

The Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.) protects employees age 40 and over from age-based termination. The Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff) prohibits discrimination based on genetic information. The Pregnant Workers Fairness Act (42 U.S.C. § 2636) requires accommodations for pregnant employees. Federal whistleblower protections under statutes such as the Occupational Safety and Health Act (29 U.S.C. § 660(c)) protect employees reporting safety violations, even during probation.

The Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws. Employees must generally file complaints within 180 days of the discriminatory act in non-deferral states, though this deadline extends to 300 days in states like Maryland that have deferral agreements with the EEOC.

Maryland adopts the at-will employment doctrine, codified in Maryland case law and employment standards. Under this framework, employers may terminate probationary employees without cause, advance notice, or specific reason. However, Maryland law imposes several critical exceptions and protections that apply equally to probationary and permanent employees.

Maryland Code, Title 4, Subtitle 4, Section 4-704 prohibits discrimination in employment based on race, color, religion, sex, age (40 and over), national origin, marital status, sexual orientation, gender identity, or disability. This protection applies from the first day of employment, including probationary periods. An employer cannot lawfully fire a probationary employee because of these protected characteristics. The Maryland Commission on Civil Rights (MCCR) enforces anti-discrimination law.

Maryland Code, Labor and Employment Article, Section 3-701 et seq. provides comprehensive whistleblower protections. An employer cannot discharge or retaliate against an employee for reporting workplace violations, safety hazards, or illegal conduct to internal management or external authorities. This protection exists regardless of probationary status. Maryland also recognizes a common-law "public policy" exception to at-will employment, preventing termination for refusing illegal acts, exercising legal rights (such as jury duty), or performing mandatory military service.

Unlike federal law, Maryland does not require a minimum probationary period, nor does it cap the length. Employers may set probationary periods of any duration. However, Maryland law strongly favors written employment agreements to prevent disputes. While not required, documenting probationary terms protects both parties by establishing mutual expectations. Maryland employers are not required to provide written policies, but absent an agreement, employment remains at-will with exceptions for discrimination, retaliation, and public policy violations.

The Maryland Commission on Civil Rights handles state discrimination complaints. Employees have 300 days to file complaints with MCCR (as opposed to 180 days federally in non-deferral states). This extended deadline reflects Maryland's deferral agreement with the EEOC. Remedies under Maryland law include back pay, front pay, reinstatement, compensatory damages for emotional distress, punitive damages if the employer's conduct was willful or reckless, and attorney's fees.

Maryland has no statutory minimum or maximum probationary period duration. Employers may set probationary periods of any length.

You have 300 days from the date of termination to file a discrimination complaint with the Maryland Commission on Civil Rights (compared to 180 days in non-deferral states), due to Maryland's deferral agreement with the EEOC.

If filing federally with the EEOC, the deadline is extended to 300 days because Maryland is a deferral state.

Maryland anti-discrimination law applies to employers with one or more employees; there is no minimum employer size threshold.

Federal Title VII protections apply to employers with 15 or more employees, but Maryland's law covers smaller employers as well.

Maryland's at-will employment rule contains several important exceptions that apply even to probationary employees. First, termination cannot be based on a protected characteristic under Maryland Code, Title 4, Subtitle 4, Section 4-704. Protected categories include race, color, religion, sex, age (40+), national origin, marital status, sexual orientation, and gender identity. An employer asserting "probationary at-will" status cannot use this framework to circumvent anti-discrimination law.

Second, the "public policy exception" prevents termination for reasons that violate state or federal law. An employee cannot be fired for refusing to commit an illegal act, exercising a legal right (jury duty, voting, military service), or reporting criminal conduct. Maryland courts have recognized this exception in numerous cases. Third, retaliation is illegal. Maryland Code, Labor and Employment Article, Section 3-701 et seq. prohibits termination in response to an employee reporting safety violations, wage-hour violations, or other workplace illegality to management, government agencies, or law enforcement.

Fourth, disability discrimination is prohibited even during probation. Under the Americans with Disabilities Act and Maryland law, employers must provide reasonable accommodations to qualified employees with disabilities unless doing so creates undue hardship. Probationary status does not eliminate this obligation. Fifth, pregnancy discrimination is impermissible. An employer cannot terminate a probationary employee for pregnancy, childbirth, or related medical conditions, under the Pregnant Workers Fairness Act and Maryland anti-discrimination law.

Sixth, implied contract or "good faith and fair dealing" claims may override at-will status if the employee can show the employer made specific promises about job security. However, Maryland courts interpret this narrowly; vague statements about "opportunity" or "potential advancement" do not create a contract. Seventh, union employees with collective bargaining agreements may have additional "just cause" protections requiring the employer to demonstrate valid reason for termination beyond the probationary period specified in their agreement.

One critical edge case: Maryland recognizes a "covenant of good faith and fair dealing" implied in all employment contracts. While at-will employment survives this covenant, termination motivated solely by malice or for a reason that contradicts the fundamental purpose of the employment relationship may be actionable. This is a narrow exception rarely successful in litigation. Employers should document performance issues and legitimate business reasons for probationary terminations to rebut claims of discriminatory or retaliatory motives.

Step 1: Document Everything from Day One

Immediately begin keeping detailed records of all work activities, communications, and any problematic conduct by the employer. Save copies of emails, text messages, performance evaluations, and written feedback to a personal email account or cloud storage the employer cannot access. Write contemporaneous notes (dated entries) documenting discriminatory comments, unequal treatment, safety violations, or requests to perform illegal acts. Record the date, time, people present, and exact words spoken. This documentation is critical because it provides evidence of the employer's intent and motive. Include performance metrics that demonstrate you met or exceeded probationary expectations, if applicable.

Step 2: Report Internally and Create a Paper Trail

If you witness or experience discrimination, retaliation, safety violations, or requests to commit illegal acts, report it immediately to your supervisor, HR department, or the designated compliance officer, preferably in writing. Send an email summarizing the incident, the date, and the people involved. Request written confirmation of receipt. If reporting to your supervisor would be ineffective (because the supervisor is the problem), skip to HR or the next level of management. Keep a copy of your internal complaint and any responses. This step serves multiple purposes: it alerts the employer to the problem, gives them an opportunity to correct course, establishes a timeline for legal claims, and demonstrates that you followed proper procedures.

Step 3: File a Complaint with the Maryland Commission on Civil Rights

If you believe you were terminated due to discrimination or retaliation, file a complaint with the Maryland Commission on Civil Rights (MCCR). You have 300 days from the date of termination to file. MCCR handles discrimination claims based on race, color, religion, sex, age (40+), national origin, marital status, sexual orientation, gender identity, or disability. File online at mccr.maryland.gov or by mail. You will need to provide: your name and contact information; the employer's name, address, and size; the date the discrimination occurred; a detailed description of the discriminatory conduct; the names of witnesses; and copies of any supporting documents (emails, performance reviews, termination letters). There is no fee to file.

Alternatively, you may file a charge with the Equal Employment Opportunity Commission (EEOC), which has jurisdiction over federal discrimination laws and automatically refers eligible cases to MCCR. The EEOC deadline is 300 days in Maryland due to the state deferral agreement. File online at eeoc.gov/charges or visit the nearest EEOC office. For whistleblower retaliation claims under the Occupational Safety and Health Act, file a complaint with the Occupational Safety and Health Administration (OSHA) within 30 days of the retaliatory termination.

Step 4: Understand the Investigation Process

Once you file with MCCR or the EEOC, the agency will investigate your complaint. An investigator will contact you to clarify details and request additional evidence. Simultaneously, the employer will receive notice and be required to respond to your allegations. The investigation typically lasts 90 to 180 days, though complex cases take longer. The investigator will interview witnesses, request documents, and review employment records. You should promptly respond to all agency requests and provide any additional evidence (emails, text messages, witness contact information, medical records if disability is involved, pay stubs if wage violations are claimed). Do not speak to the employer's representatives without an attorney present, and do not sign any severance agreement without legal review.

After investigation, MCCR will issue a "determination of substantial probable cause" or find no probable cause. If probable cause is found, the case may proceed to a conciliation meeting where the agency attempts to negotiate a settlement. If conciliation fails, MCCR may issue a "Notice of Right to Sue," allowing you to file a lawsuit in Maryland circuit court. The EEOC follows a similar process but also offers the option of requesting EEOC litigation rather than pursuing private litigation.

Step 5: Consult an Attorney

Consult an employment attorney immediately after termination or after filing a complaint. You do not need to wait for the investigation to conclude. An attorney will review the facts, evaluate the strength of your claim, identify all applicable laws (federal, state, and common law), and advise whether settlement or litigation is appropriate. Many employment attorneys work on contingency, meaning you pay no upfront fees and they recover fees from a judgment or settlement. Initial consultations are often free or low-cost. An attorney can also help you negotiate a settlement, which often resolves disputes faster and with less stress than litigation. An attorney is especially important if the employer offers a severance package; do not sign without legal review, as severance agreements often waive legal claims.