Employment Termination FAQs

Facing an employment termination can be tough, and you may not even know the right questions to ask.  If you are an employer making a difficult decision about firing someone, you likely also have questions.  Below are some frequently asked questions, and links to the answers, about employment termination under Massachusetts employment law.

Employment At Will and Its Exceptions

What is employment at will?
​What is wrongful termination?
​Can I be fired without a reason?
What is employment discrimination?
What is unlawful retaliation?
​When is employment termination a breach of fiduciary duty?
Can I be fired for refusing the COVID vaccine?

Employment Termination and Final Pay

What final pay am I owed at termination?
When should I get my final paycheck?
​Should I be paid commissions earned before termination?
​What should I do if I am not paid my final check on time?

Severance, Unemployment and Other Post-Termination Issues

What are my rights at termination?
​​Does my employer have to pay severance pay?
Should I sign a severance agreement?
​If I was fired for cause, can I collect unemployment?
If I sign a severance agreement, can I collect unemployment?

Pre-Termination Discipline or Warnings

Can an employee be fired without a prior warning?
​What are best practices for firing an employee?
What should I do if I was put on a performance improvement plan?

Other Termination Issues

​Can I be forced to return to the office after COVID?
What is constructive discharge?
What if I can't keep working because my employer promised me conditions of employment but didn't provide those conditions?

Need Help With an Employment Termination?

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How We Can Help

We can help you navigate these issues and get clarity on your rights and obligations if you have been fired or laid off or are considering firing an employee.  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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