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What are Best Practices for Firing an Employee?

There are a limited number of things you must do when firing an employee in Massachusetts, but also some things you should do.

You must:
Pay all final wages, commissions and unused vacation time and provide information about applying for unemployment.  Note that if it is a termination (not a resignation) these things must be done on the last day of work.

You should:
Be honest and respectful with the employee in the termination conversation.  They should know basically why they are being let go, but you do not need to pile on with complaints and criticisms. 

Consult with an attorney before the termination if you have any concern about legal exposure from that employee.

Consider offering a modest severance, both to cushion the blow and also to obtain a release of claims so that it can be a clean break.

Learn more here about how to handle an employment termination.

Need Help With an Employment Termination?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • 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
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact