Gross Misconduct in Maryland
In Maryland, the statutory scheme is divided into misconduct, aggravated misconduct, and gross misconduct.
The statutory definition of gross misconduct is provided by Maryland statute, Labor & Employment 8-1002, as follows: "conduct of an employee that is:
(i) deliberate and willful disregard of standards of behavior that an employing unit rightfully expects and that shows gross indifference to the interests of the employing unit; or;
(ii) repeated violations of employment rules that prove a regular and wanton disregard of the employee's obligations. . . ."
The reviewing courts in Maryland have recognized that "there are no hard and fast rules for determining what in the particular employment context constitutes 'deliberate and willful misconduct.'" Department of Labor, Licensing and Regulation v. Muddiman, 120 Md. App. 725, 708 A.2d 47, 54 (Md. App. 1998).
Such a determination will be altered with individual cases, and the impropriety of the conduct under examination must be judged within the particular employment context in which it occurs. Employment Sec. Bd. of Md. v. LeCates, 218 Md. 202, 145 A.2d 840, 844 (Md. App. 1958).
Certain types of conduct will be so egregious that they will be considered misconduct even where no specific rule prohibits such conduct. Id.