Employment Law Advice for Employees in Massachusetts
Where Should You Turn For Employment Law Advice?When something goes wrong at work, most people start looking for answers.
These are among the questions we hear everyday. Usually, by the time we get a call, the person has already scoured the internet for answers. You're here now, after all, right? There is a lot on the internet. Some of it is right, some of it is wrong, and some of it is right but written for people in another state where the laws may be different. This site is for you if you are a Massachusetts employee and want to know about your rights under the law. The topics below are meant to cover the most common issues we see. Don't see your issue addressed on this page? Check out our Legal FAQs that cover a wide range of topics. |
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Was What Just Happened a Wrongful Termination?
Massachusetts, like most other states, is an "at will employment" state. You may also see this term in your offer letter or other onboarding documents. What it means is that an employer can generally terminate an employee for a good reason, a bad reason, or no reason at all. You also, generally speaking, can walk away anytime you want.
What, then, is "wrongful termination"? There are many exceptions to the "at will" employment rule. To restate the rule more accurately- you can be fired for a good reason, a bad reason, or no reason at all but you can't be fired for an illegal reason.
The most common illegal reasons are discussed in the sections below. They are:
What, then, is "wrongful termination"? There are many exceptions to the "at will" employment rule. To restate the rule more accurately- you can be fired for a good reason, a bad reason, or no reason at all but you can't be fired for an illegal reason.
The most common illegal reasons are discussed in the sections below. They are:
- Discrimination: if you are in a legally protected class (race, color, religion, national origin, disabled, older than 40, pregnant, LGBQT) and there is evidence that your employer's decision was motivated by your status, you may have a wrongful termination claim. Learn more here about discrimination laws.
- Retaliation for legally protected activity: if you have engaged in legally protected activity (reporting or opposing discrimination or sexual harassment, using family/medical leave or sick time, asserting your rights under the wage and hour laws) and there is evidence that your employer's decision was motivated by your activities, you may have a wrongful termination claim. Learn more here about retaliation laws.
- Breach of an employment contract or other enforceable promise: most employees do not have formal written employment contracts. If you do, and it addresses termination, you should have an employment lawyer look it over. Sometimes, even without a formal written contract, an employer will make a specific promise to you that you may be entitled to enforce legally. This will depend heavily on the facts of your situation. You can read more here about the theory of promissory estoppel.
Should I Quit My Job if it is Intolerable?
This is a very common, and very hard, question. If you voluntarily resign, you may have trouble collecting unemployment, and you will face additional obstacles if you decide you want to pursue a claim against your employer for the intolerable situation.
On the other hand, staying in an unhealthy or unsafe work environment is not really an option either.
If the situation is bad enough, and if it can be tied to unlawful activity (discrimination, harassment or retaliation, usually), you might have a claim for constructive discharge. "Constructive discharge" is the legal term for a situation so bad that the law will treat it as if you were actually fired instead of resigning. You can read more here about constructive discharge.
Because this is a somewhat complex topic, and because it can be hard to know ahead of time whether you would qualify for a constructive discharge claim, it is important to consult an employment attorney before resigning if you think you may have legal claims.
On the other hand, staying in an unhealthy or unsafe work environment is not really an option either.
If the situation is bad enough, and if it can be tied to unlawful activity (discrimination, harassment or retaliation, usually), you might have a claim for constructive discharge. "Constructive discharge" is the legal term for a situation so bad that the law will treat it as if you were actually fired instead of resigning. You can read more here about constructive discharge.
Because this is a somewhat complex topic, and because it can be hard to know ahead of time whether you would qualify for a constructive discharge claim, it is important to consult an employment attorney before resigning if you think you may have legal claims.
What Should I Do if I am Not Getting Paid Correctly?
The good news is that Massachusetts law is very protective of your right to timely and accurate payment of wages and commissions. The bad news is that employers make mistakes in this area very often.
Here are the things you should know about wage and hour laws:
If your employer violates these laws, they could be liable for triple damages and your attorneys' fees. Even if you are only owed a small amount, it may be worth pursuing a claim. You should talk to an employment lawyer as soon as possible.
Here are the things you should know about wage and hour laws:
- You should be paid your regular wages no less frequently than twice a month, and no later than six days after the end of a payroll period.
- Commissions are considered wages and must be paid timely.
- All final wages, including earned commissions and any accrued but unused vacation time must be paid on the day of termination if you are fired, and in the next regular payroll if you resign.
- If you are paid hourly, you should be paid time and a half for any hours worked over 40 in a week.
- If you are paid on a salary basis, you might still be entitled to overtime, depending on your actual job duties
- Your employer is not allowed to retaliate against you for raising a question or concern about your right to be paid under the wage and hour laws.
If your employer violates these laws, they could be liable for triple damages and your attorneys' fees. Even if you are only owed a small amount, it may be worth pursuing a claim. You should talk to an employment lawyer as soon as possible.
Is it Legal That I am Paid as an Independent Contractor?
Though there are some exceptions, most likely not. The Massachusetts Independent Contractor Law requires that all three of the following be true in order for you to be considered an independent contractor and not an employee:
The good news for you is that this is a risk on your employer, not you. If you have been wrongly classified as an independent contractor, you may have a right to compensation for benefits you would have received as an employee. You also may be in a better position to enforce timely payment of your wages than you think.
Learn more here about the Massachusetts Independent Contractor Law.
- You are free from supervision and control in your work.
- You are customarily engaged in providing similar services to others.
- The work you do for the business is outside of their core business services or products.
The good news for you is that this is a risk on your employer, not you. If you have been wrongly classified as an independent contractor, you may have a right to compensation for benefits you would have received as an employee. You also may be in a better position to enforce timely payment of your wages than you think.
Learn more here about the Massachusetts Independent Contractor Law.
What Should I Do if I am Being Sexually Harassed at Work?
Sexual harassment in the workplace is unlawful under both federal and state law. This can come in the form of an obvious proposition or pressure to get involved in a sexual relationship. There is also a form of sexual harassment known as a "hostile work environment." This is often confused with workplace bullying, or general hostility in the workplace. Unless it is in some way sexual in nature, general toxicity will not form the basis for a sxual harassment claim.
You have the right to protection from your employer from sexual harassment. If you make a good faithr eport of harassment, even if A legal claim for a “hostile work environment” requires two basic things. First, the behavior is sexual in nature. Second, it has to be pervasive, and interfere with your ability to do your job. There is no easy, bright-line test for either of these elements- a lot depends on the specific facts of your situation. You can read more here about sexual harassment.
You have the right to be protected from harassment by your employer. If you make a good faith report of sexual harassment, even if it turns out to be unsupported, your employer is not allowed to retaliate against you for making that complaint.
You have the right to protection from your employer from sexual harassment. If you make a good faithr eport of harassment, even if A legal claim for a “hostile work environment” requires two basic things. First, the behavior is sexual in nature. Second, it has to be pervasive, and interfere with your ability to do your job. There is no easy, bright-line test for either of these elements- a lot depends on the specific facts of your situation. You can read more here about sexual harassment.
You have the right to be protected from harassment by your employer. If you make a good faith report of sexual harassment, even if it turns out to be unsupported, your employer is not allowed to retaliate against you for making that complaint.
What About My Non Compete?
Whether you are thinking about signing a new non compete or leaving a job where you already have one, you will want to understand your rights under Massachusetts non compete law.
Here are a few things you should know:
If you signed an agreement on or after October 1, 2018, and you live or work in Massachusetts, there are certain requirements the agreement must meet in order to be enforceable. It will also not be enforceable against you if you were terminated without cuase.
If you signed an agreement before October 1, 2018, there may still be legal defenses to its enforcement, depending on your circumstances.
If you are asked to sign a new non compete, you must be given ten days to consider it and advised to consult an attorney. you should take advantage of this time and seek legal advice, because a non compete can signficantly limit your options in the future.
You can read more here about non compete agreements under Massachusetts law.
Here are a few things you should know:
If you signed an agreement on or after October 1, 2018, and you live or work in Massachusetts, there are certain requirements the agreement must meet in order to be enforceable. It will also not be enforceable against you if you were terminated without cuase.
If you signed an agreement before October 1, 2018, there may still be legal defenses to its enforcement, depending on your circumstances.
If you are asked to sign a new non compete, you must be given ten days to consider it and advised to consult an attorney. you should take advantage of this time and seek legal advice, because a non compete can signficantly limit your options in the future.
You can read more here about non compete agreements under Massachusetts law.
How Our Employment Lawyers Can Help
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We can help you navigate these issues and get clarity on your rights and obligations when you are facing issues at work, job termination, disputes over a non compete agreement, and more. 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.
