Employment Offer: Maryland

Federal law and guidance on this subject should be reviewed together with this section.

Author: Randi Klein Hyatt, Kollman & Saucier, PA

Summary

• An employment offer should be made and/or confirmed in writing. See Employment Offer.
• An employment offer should clearly state the basic terms of employment. See Employment Offer.
• If the potential new employee is an at-will employee, the offer should clearly state that employment is at-will and should include the proper at-will disclaimer language that has been recognized by the Maryland courts. See Employment Offer.
• The offer should identify clearly any conditions that must be satisfied by the candidate prior to the commencement of employment. See Conditional Employment Offers.
• Maryland only permits credit history checks to be performed for certain categories of applicants/employees. See Conditional Employment Offers
• If the employment offer is contingent upon passing a medical examination, the employer must comply with the Maryland Fair Employment Practices Act, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. See Conditional Employment Offers.
• In Maryland, an employer may withdraw an employment offer without specifying a reason for withdrawing the offer unless otherwise required by law. See Withdrawal of the Employment Offer.
• The withdrawal of an employment offer should be made and/or confirmed in writing as soon as possible to avoid a claim of negligent misrepresentation by the prospective employee. See Withdrawal of the Employment Offer.
• Localities including Baltimore, Montgomery County and Prince George's County have requirements pertaining to employment offers. See Local Requirements.