Know Your Rights: Wrongful Termination and Employment Law in Massachusetts
Navigating the Challenges of Unexpected TerminationBeing let go from your job without any prior warning or established procedure can be a disorienting and stressful experience. In Massachusetts, the concept of "at-will" employment means that employers can terminate employees without cause or prior notice in most cases. This lack of job security can leave individuals feeling vulnerable and uncertain about their rights.
While the state's at-will employment status gives employers significant flexibility in managing their workforce, it's essential to recognize that there are exceptions that protect employees from wrongful termination. The key is understanding when a termination goes beyond the bounds of fairness and enters the realm of illegality, such as discrimination or retaliation. Our aim is to provide you with the information and guidance needed to distinguish between legitimate terminations and those that may warrant legal action. We're here to empower you with knowledge about your rights and the limits of "wrongful termination" in Massachusetts. What is At-Will Employment in Massachusetts?Massachusetts follows the principle of "at-will" employment, which means that in the absence of an employment contract or collective bargaining agreement, either the employer or the employee can terminate the employment relationship at any time, for any reason (unless the reason is illegal). This means that, in most cases, your employer is not required to follow specific termination or disciplinary procedures before letting you go.
Understanding Wrongful TerminationIt's crucial to differentiate between unfair treatment and wrongful termination. While unfair treatment by your employer is not necessarily illegal in Massachusetts, there are circumstances where a termination can be considered wrongful:
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The Role of Progressive Discipline and Warnings in Termination Cases
It's essential to understand that the absence of progressive discipline or prior warnings from your employer does not, by itself, render your termination wrongful in the context of Massachusetts' at-will employment system.
However, the lack of a progressive disciplinary process or prior warnings can become a significant factor in evaluating the legitimacy of your termination, especially if you suspect that discrimination or retaliation played a role. In the case of discrimination or retaliation, the employer must show a legitimate, non-discriminatory reason for the termination. In many cases, this reason can be challenged if the employer did not document the claimed concern in performance reviews or warnings prior to the termination.
However, the lack of a progressive disciplinary process or prior warnings can become a significant factor in evaluating the legitimacy of your termination, especially if you suspect that discrimination or retaliation played a role. In the case of discrimination or retaliation, the employer must show a legitimate, non-discriminatory reason for the termination. In many cases, this reason can be challenged if the employer did not document the claimed concern in performance reviews or warnings prior to the termination.
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, workplace sexual harassment situations, 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, harassment 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, discrimination, harassment and retaliation 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, harassment, 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, harassment 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 employment attorneys are here to guide you through the complex landscape of wrongful termination in Massachusetts. If you suspect discrimination, retaliation, or a contract breach played a role in your sudden job loss, we can provide the legal expertise needed to assess your situation and determine the best course of action to protect your rights. 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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