1. [§ 3.145] No Action When Statutory Remedy Available
Jurisdiction | Maryland |
1. [§ 3.145] No action when statutory remedy available
Makovi v. Sherwin-Williams Co. further limited the scope of abusive discharge to violations of public policy "which otherwise would not be vindicated by a civil remedy." Makovi v. Sherwin-Williams Co., 316 Md. 603, 605, 561 A.2d 179, 180 (1989). Thus, a plaintiff will be denied relief where a statute used to demonstrate the clear mandate of public policy provides specific remedies. Perry v. FTData, Inc., 198 F. Supp. 2d 699 (D. Md. 2002); Carson v. Giant Food, Inc., 187 F. Supp. 2d 462 (D. Md. 2002); Insignia Residential Corp. v. Ashton, 359 Md. 560, 755 A.2d 1080 (2000).
In Weathersby v. Kentucky Fried Chicken Nat' l Mgmt. Co., the Maryland Court of Special Appeals reviewed Maryland law on wrongful discharge and concluded that a statute prohibiting use of a lie detector test as a condition of employment provided the exclusive remedy for discharge and violation of the statute. Weathersby v. Kentucky Fried Chicken Nat'l Mgmt. Co., 86 Md. App. 533, 587 A.2d 569 (1991), rev'd on other grounds, 326 Md. 663, 607 A.2d 8 (1992). Hence, the plaintiff was barred from making a claim of wrongful discharge. See also Porterfield v. Mascari II, Inc., 142 Md. App. 134, 788 A.2d 242 (2002), aff'd, 374 Md. 402, 823 A.2d 590 (2003); Bleich v. Florence Crittenton Servs. of Balt., Inc., 98 Md. App. 123, 632 A.2d 463 (1993).
In Watson v. Peoples Security Life Insurance Co., the Court of Appeals held that it was "contrary to a clear mandate of public policy to discharge an employee for seeking legal redress against a co-worker for workplace...
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