Navigating Employment Termination in Massachusetts: Legal Insights for Employers
Navigating Employment Termination in Massachusetts: Your Rights and QuestionsEmployment termination can be a complex and sensitive issue for both employers and employees in Massachusetts. As an employer, it's crucial to understand the legal aspects surrounding termination to protect your rights and ensure compliance with the law. This guide addresses common legal questions and issues related to employment termination in the state.
Understanding Wrongful TerminationMassachusetts follows the principle of at-will employment, allowing employers to terminate employees with or without cause, unless an employment contract dictates otherwise. However, there are exceptions to this rule. Termination motivated by discrimination based on protected characteristics like gender, race, religion, disability, and more can be considered wrongful. Similarly, adverse actions against an employee engaged in legally protected activities may be deemed unlawful. Constructive discharge, where an employee resigns due to intolerable working conditions, can also be treated as wrongful termination.
Performance Reviews and WarningsWhile there's generally no legal requirement for employers to issue warnings before termination, maintaining a record of performance reviews and warnings can be beneficial. It can serve as documentation in case questions of wrongful termination arise. Employers often conduct performance reviews and warnings as part of their internal policies, but these are typically not legally binding unless specified in an employment contract.
Understanding Employment DiscriminationEmployers can terminate employees for various reasons, but discrimination is a notable exception. Both federal and state laws prohibit discrimination based on protected characteristics. If an employee belongs to a protected class and is terminated without justifiable cause, it may be considered discriminatory.
What employers need to remember is that it is not necessarily unlawful to terminate an underperforming or problematic employee just because they are in a protected class. You will, however, need be prepared to explain, and hopefully document, the legitimate non-discriminatory reason for your actions. If you are considering disciplining or terminating such an employee, it is a good idea to seek legal counsel first to help manage the process and your risk. Understanding RetaliationEmployers are prohibited from retaliating against employees engaged in legally protected activities. These activities include reporting workplace harassment or discrimination, filing wage and hour law violations, taking family or medical leave, asserting workers' compensation rights, complying with legal requirements like jury duty, and, in specific situations, reporting employer law violations.
As with discrimination, this does not mean an underperforming employee can't be fired, but you will need be prepared to explain the legitimate non-retaliatory reason for your actions, and you should seek legal advice. |
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Unemployment Benefits
Employers often inquire about contesting unemployment claims when an employee has been terminated "for cause." It's essential to understand two key points. Firstly, being terminated for cause does not automatically disqualify an individual from unemployment benefits, unless the termination resulted from willful misconduct or a clear policy violation. Secondly, from a practical risk management perspective, challenging unemployment benefits may prompt the terminated employee to explore other legal avenues related to their termination. This means that the potential benefit to your organization may not outweigh the associated risks, making it advisable to consult with an employment attorney for guidance.
Critical Employer Responsibilities at Termination
Employers have specific responsibilities when terminating employees in Massachusetts. These include paying final wages, settling accrued and unused vacation time, and providing information about applying for unemployment benefits. In some cases, employers may offer severance agreements, and it's essential to understand and evaluate these agreements to make informed decisions.
It is important to note that you do not want to get the final payment requirement wrong. Employers can face liability for three times the wages owed if they are even a day late.
It is important to note that you do not want to get the final payment requirement wrong. Employers can face liability for three times the wages owed if they are even a day late.
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, employment and discrimination claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced team is here to provide guidance on employment termination matters in Massachusetts, helping employers navigate complex legal issues and ensure compliance with state and federal regulations. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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