Maryland § 1-405

Full text of Maryland Maryland Code § 1-405, with citation guidance and answers to common questions.

§ 1-405.

    (a)    A current or prospective employer, contractor, or agent may not discharge, demote, suspend, threaten, or harass, directly or indirectly, or in any other manner discriminate or retaliate against an individual in the terms and conditions of employment because of a lawful act done by that individual:

        (1)    in providing information to the Comptroller or a law enforcement agency concerning a possible violation of State tax law, including a rule or regulation, that has occurred, is ongoing, or is about to occur;

        (2)    in initiating, testifying in, or assisting in an investigation or judicial or administrative action of the Comptroller or law enforcement agency or a related action;

        (3)    in reporting a violation of this title to another governmental entity or to a director, supervisor, or compliance officer of the employer, contractor, or agent; or

        (4)    in refusing or declining any agreement that would provide for arbitration of claims arising under this article.

    (b)    (1)    An individual who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated or retaliated against in the terms and conditions of employment or is otherwise harmed or penalized by an employer or a prospective employer in violation of subsection (a) of this section shall be entitled to all relief necessary to make the individual whole, including:

            (i)    an injunction to restrain continued discrimination;

            (ii)    hiring, contracting, or reinstatement to the position that the individual would have had but for the discrimination or to an equivalent position;

            (iii)    reinstatement of full fringe benefits and seniority rights;

            (iv)    compensation for lost wages, benefits, and other remuneration, plus interest;

            (v)    removal of any adverse personnel record entries based on or related to the violation; and

            (vi)    compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees.

        (2)    An individual seeking relief under this subsection may bring an action in the appropriate circuit court for relief.

        (3)    Nothing in this subsection may be construed to limit the rights, privileges, or remedies of a whistleblower under federal or State law or under a collective bargaining agreement.

    (c)    (1)    The rights and remedies provided for under this section may not be waived by an agreement, a policy form, or a condition of employment.

        (2)    Salary and wages earned by a whistleblower during the whistleblower’s employment and any consideration provided to the whistleblower in connection with the whistleblower’s severance from employment may not be recovered by any action brought by the employer if the salary, wages, or consideration is related to original information provided by the whistleblower or the covered enforcement action.

Frequently Asked Questions About Maryland § 1-405

What does Maryland Code § 1-405 cover?

Section 1-405 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 1-405?

A common citation format is "Maryland Code § 1-405" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 1-405 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.