Maryland Whistleblower Law
Whistleblowers protected under a narrow common law “public policy” tort.
Court Decisions:
- Porterfield v. Mascari II, Inc., 823 A.2d 590 (Md. 2003)
- Wholey v. Sears, Roebuck and Co., 803 A.2d 482, (Md. 2002)
- Lark v. Montgomery Hospice, 994 A.2d 968 (Md. 2010) (internal reporting protected under the Health Care Worker Whistleblower Protection Act)
- Parks v. Alpharma, Inc., 25 A.3d 200 (Md. 2011) (narrow definition of public policy)
Statutes:
- MD. State Personnel and Pensions Code Ann. § 5-301–313 (executive branch of state government)
- MD. State Personnel and Pensions Code Ann. § 11-301–306 (State Contractor Employees)
- MD. Health Occupations Code Ann. § 1-501–506 (healthcare worker)
Frequently Asked Questions
Does Maryland have a False Claims Act (FCA)?
Yes. Maryland has both a general state False Claims Act as well as the Medicaid False Claims Act. If the state does not intervene in the suit under these laws, the case will be dismissed.
Does the Maryland FCA have a whistleblower provision?
Yes. Maryland whistleblowers, under the general and Medicaid FCA’s can receive 15 to 25 percent of collections via a reward in cases where the state intervened at between 25 and 30 percent if the state does not become involved.
Does Maryland recognize the public policy exception for wrongful termination?
No, Alabama does not recognize common law tort remedy for wrongful termination of employees. State protections currently limited to traditional common law remedies, such as libel laws or statutory protections.
