The ABCs of Common Law Wrongful Termination Claims in the Washington Metropolitan Region

Ufuoma Otu, Media & Communications Strategies, LLC

Abstract

While there are numerous statutes protecting employees, there are still many gaps. This is especially true given the at-will nature of most employment in the United States. To fill these gaps, most courts, including those of Maryland, Virginia, and the District of Columbia, created common law tort actions for wrongful discharge in violation of public policy. Though the elements of these claims are generally similar, each jurisdiction establishes important limitations that employment attorneys must understand. The available sources of public policy vary and there are many statutory remedies primed to preempt related common law tort actions. The damages available under wrongful termination do not suffer from the same caps as some statutory claims and the statute of limitations fall in terms of years instead of days. Nevertheless, some plaintiffs can still strategically benefit from bringing actions under both the common law and state or federal statutes.

This article outlines the history of the wrongful termination in violation of public policy tort, with a specific focus on Maryland, Virginia, and D.C. Following the historical background is a discussion of the elements of wrongful termination claims in those three jurisdictions, including the various potential sources of public policy. After a brief description of potential defenses, including preemption, and available damages, I conclude with practical advice and tips for litigating these types of claims.