Massachusetts Employment Law-Termination
Navigating Employment Termination in Massachusetts: Your Rights and QuestionsWhen employment termination occurs, it can be a challenging experience for both employers and employees alike.
Employers may have invested substantial time and resources in their employees, making the decision to let them go a difficult one. Employees, on the other hand, often grapple with feelings of hurt and injustice, along with immediate financial concerns such as receiving their final paycheck or securing unemployment benefits. Employment law plays a crucial role in addressing the rights and concerns of both parties involved. It's essential to be informed about your rights, whether you're an employer or an employee. Below, we'll explore some of the common legal questions and issues related to employment termination in Massachusetts. Understanding Wrongful TerminationMassachusetts operates under at-will employment, meaning employees can be terminated with or without cause, unless there's an employment contract in place. However, there are exceptions. If the termination is motivated by discrimination, it may be considered wrongful. Similarly, if an employer takes adverse actions against an employee for engaging in legally protected activities, it could be unlawful.
In some situations, pervasive workplace discrimination or harassment can make working conditions unbearable, leading to a constructive discharge. Even if the resignation is voluntary, it can then be treated as wrongful termination. Employees who are shareholders in closely held companies and terminated without reason may have a claim for breach of fiduciary duty if they are fired without a legitimate reason. Termination of Employment: Does it Have to be in Writing?Sometimes you will be given a termination of employment letter, but this is often not the case. Employers are not required to provide a termination letter, and frequently conduct the termination verbally instead of reducing it to writing.
Even if you do receive a letter, most often it will not contain any meaningful details about the reasons for termination of employment. This is because many employers do not want to commit to a position in writing and prefer to leave the subject open ended or addressed in generalities. You should also know that you do not need a written record of termination to apply for unemployment, and can start that process as soon as the DUA allows after you have been informed of the termination. Performance Reviews and WarningsIn most cases, there is no legal requirement for employees to receive warnings before being terminated. While some employers may have policies for performance reviews and progressive discipline, they are typically not obligated to follow them, unless an employment contract specifies otherwise.
Employers may find it beneficial to conduct performance reviews and issue warnings as it helps maintain a record in case a question of wrongful termination arises. However, simply terminating an employee without prior warning is generally not illegal. Understanding Employment DiscriminationWhile employers can generally terminate employees for various reasons, discrimination is an exception. Federal and state laws prohibit discrimination based on protected characteristics such as gender, race, ethnicity, religion, disability, and more. Employees in protected classes can still be fired, but the employer must be prepared to justify the termination. If the reason provided does not hold up, it may be deemed discriminatory.
If you suspect discrimination, it's crucial to consult with an employment lawyer promptly. The statute of limitations for employment discrimination cases in Massachusetts is relatively short, at 300 days or approximately 10 months. |
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Retaliation Protection
Employers are not allowed to retaliate against employees for engaging in legally protected activities. These activities include reporting workplace sexual harassment, discrimination complaints, taking family or medical leave, filing wage and hour law violations, exercising workers' compensation rights, adhering to legal requirements like jury duty, and, in specific situations, reporting employer law violations.
Protected reports are valid even if made to supervisors or managers. For claims related to harassment or discrimination reports, quick action is essential, as these claims typically have a 300-day time limit.
Protected reports are valid even if made to supervisors or managers. For claims related to harassment or discrimination reports, quick action is essential, as these claims typically have a 300-day time limit.
Unemployment Benefits
For many terminated employees, collecting unemployment benefits is a significant concern. Generally, if the termination was involuntary, you can claim unemployment benefits, unless it resulted from serious misconduct. Termination due to poor performance usually does not disqualify you from unemployment benefits.
If you resign, eligibility for unemployment benefits may be more challenging to establish. In such cases, you would need to demonstrate that your decision to quit was due to some fault of the employer.
If you resign, eligibility for unemployment benefits may be more challenging to establish. In such cases, you would need to demonstrate that your decision to quit was due to some fault of the employer.
Employer Responsibilities at Termination
Employers have specific obligations when terminating employees. These include paying final wages, regardless of whether the termination is voluntary or involuntary, and settling any accrued and unused vacation time. Employers must also provide information about applying for unemployment benefits and, if applicable, notice about continued healthcare coverage under COBRA.
While employers are generally not obligated to offer severance agreements, they often do. Understanding these agreements and evaluating them is important. Learn more about severance agreements and how to assess them to make informed decisions.
While employers are generally not obligated to offer severance agreements, they often do. Understanding these agreements and evaluating them is important. Learn more about severance agreements and how to assess them to make informed decisions.
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
We can help you navigate these issues and get clarity on your rights and obligations in the face of an actual or imminent employment termination. 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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