Being Fired or Laid Off in Massachusetts
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Being fired or laid off is never easy. You may have seen it coming or it may have taken you completely by surprise. Either way, you may be faced with a lot of decisions very quickly.
Employment Termination: Your Rights at DismissalIf you're fired in Massachusetts, there are a few things your employer must do, regardless of the reason for termination. These include:
The Termination ConversationMost employers will announce a termination at a face to face meeting. If your employer is large enough to have a Human Resources department, often a representative from HR will be present. In a smaller company, it may be just you and your boss.
The first thing you should know is that you do not have to say anything and should not be asked to sign anything on the spot. If the decision has taken you by surprise, know that you have every right to take some time to process it before responding to any questions or requests from your employer. This is especially so if you are asked to do something, like agree to resign to avoid being fired. The second thing you should do is listen carefully to what is said to you. You can take notes at the meeting, or make notes to yourself immediately afterward. Your employer is not required to give you a reason for the termination, but if they offer any information at all it is important to remember what they said if you choose later to challenge the dismissal. |
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Unemployment Benefits
In most cases, if the decision was not voluntary, you should be able to collect unemployment benefits. You should apply as soon as the Department of Unemployment Assistance (DUA) allows it, even if you are unsure whether you qualify or if you are considering a severance agreement. This is because your benefits eligibility dates back to when you applied, even if it takes some time to get approved. If you wait to begin the application, you may be ultimately losing weeks or months of benefits.
Resigning to Avoid Being Fired: Should You Consider it?
Sometimes an employer will give you the option to resign to avoid being fired. This may sound like a good face-saving option, but there are important things to consider before going down that road.
Unemployment: you may have difficult being approved for unemployment benefits if your termination is reported to them as a resignation. Ultimately if you can prove that the only reason you resigned was that you were facing termination, you should be able to collect, but this could cause delays.
Impact on future wrongful termination claim: if there is any chance you may challenge the termination as discriminatory, retaliatory, or otherwise unlawful, you should not agree to resign instead of being fired. You do not want to give your employer the opportunity to argue that you agreed with the reasons for your discharge.
Impact on future employment: what many people don't realize is that prospective employers rarely, if ever, have the ability to see how your termination was documented. Your personnel file is confidential. Also any information you share with the DUA is confidential by statute. This means if you submit an application for benefits stating that you were fired, nobody else besides the employer who just fired you will see that information.
Unemployment: you may have difficult being approved for unemployment benefits if your termination is reported to them as a resignation. Ultimately if you can prove that the only reason you resigned was that you were facing termination, you should be able to collect, but this could cause delays.
Impact on future wrongful termination claim: if there is any chance you may challenge the termination as discriminatory, retaliatory, or otherwise unlawful, you should not agree to resign instead of being fired. You do not want to give your employer the opportunity to argue that you agreed with the reasons for your discharge.
Impact on future employment: what many people don't realize is that prospective employers rarely, if ever, have the ability to see how your termination was documented. Your personnel file is confidential. Also any information you share with the DUA is confidential by statute. This means if you submit an application for benefits stating that you were fired, nobody else besides the employer who just fired you will see that information.
Severance Packages
You may be offered severance pay in exchange for signing a release of claims against the company. Sometimes these are standard practice, and sometimes they are fair and reasonable. Other times, however, your employer may be trying to protect themself from a known potential liability relating to your discharge.
You should never sign a severance agreement on the spot. You will need time to consider whether it is fair and reasonable, and if you are asked to release legal claims you should consult with an employment attorney to understand what rights you would be giving up.
You should never sign a severance agreement on the spot. You will need time to consider whether it is fair and reasonable, and if you are asked to release legal claims you should consult with an employment attorney to understand what rights you would be giving up.
How We Can Help
If you are have been fired or laid off, we can help. We will help you evaluate a severance agreement, assess whether you have any legal claims arising from your termination, and create a plan of action to make sure your rights are protected. 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.
