Legal Blog

Is Termination Lawful After Resignation?

Q:    We have a long-term custodian at our organization who tendered his resignation a few months ago indicating his last day of work would be December 31st.  Since tendering his resignation, his performance has significantly declined, he’s been uttering allegations of discrimination, and the Board of Directors wants to terminate him.  Is there anything we can do? A:    Maryland is an at-will state, meaning that either the employer or the employee can terminate their relationship at any time.  Assuming there is no employment contract that requires an interim action be taken, I see no legal reason why your organization cannot accept the custodian’s resignation and make it effective sooner than December 31st.  As a good-will gesture and to further protect the organization, the Board of Directors may want to consider offering him a severance package along with a general release of his claims.



Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 135 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eleven offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.