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How Do I Know if I Have any Claims to Release?

This is really the most basic question in a severance agreement- they are offering you money in exchange for a promise not to sue and release of claims, but what does that mean?

Generally, employment in Massachusetts is "at will," which means you can be fired for a good reason, a bad reason, or no reason at all.  The exceptions are if you are terminated because you are in a protected class (discrimination) or because you have engaged in protected activity (retaliation). 

Protected classes in Massachusetts include race, national origin, gender, sexual orientation, gender identity, age, disability and military service.

Protected activities include reporting or objecting to discrimination or sexual harassment, asserting rights under the wage and hour laws, taking earned sick time or family medical leave, filing a workers compensation claim, and certain kinds of "whistleblowing" activities.

If you fit into one of these categories, it is possible you have legal claims that you could assert, which should be balanced against what is offered in the severance package.  There is no one answer to whether you have claims, which is a good reason to consult an employment lawyer before signing a severance agreement.

Learn more here about evaluating a severance agreement.

Need Help With a Severance Question?

Call (781) 784-2322
OR
Schedule a Free Information Call
Severance Agreements in Massachusetts employment lawyer

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Copyright 2022, slnlaw
  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog