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Can I Fire an Employee Without a Prior Warning?

Massachusetts law does not require any particular sequence of warning or discipline before terminating an employee.  In fact, because Massachusetts is an at-will employment state, in theory at least you do not even need a reason to fire an employee.

Prior warnings, however, are helpful in several ways.  If there is any chance that the employee will claim wrongful termination (discrimination or retaliation), a history of warnings can help demonstrate your legitimate business reason for the decision.

Also, as a practical matter, employees who are taken by surprise by a termination are much more likely to look for reasons to challenge the decision.

Finally, a good system of warnings is about more than justifying termination- it is good management practice that can actually help your employees improve.

In short, if you are dealing with behavior or performance issues that are serious enough to justify immediate termination, you may do so legally even without prior warnings.  That said, there are many good reasons to use a progressive discipline system in your business.
Learn more here about how to handle an employment termination.

Need Help With an Employment Termination Problem?

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Employment Termination Attorney MA slnlaw

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​Sharon MA 02067

(781) 784-2322
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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