Legal Considerations When Resigning from Your Job in Massachusetts
Legal Considerations When Resigning From EmploymentLeaving a job can be a pivotal career move, but it's essential to navigate the process carefully, especially in Massachusetts, where employment is generally at will. Here are some insights into how to resign from your job without exposing yourself to legal risks.
Leaving a Job Without NoticeMassachusetts is an at-will employment state, which means you can either be fired or quit with or without notice. You may, however, have an employment contract that specifies a notice period. While it is unusual for employers to seek to enforce these provisions, there are potential consequences to resigning without appropriate notice.
For these reasons, it's advisable to consult an employment lawyer before tendering your resignation. Deciding Whether to Resign Instead of Facing TerminationFrequently, individuals who suspect they may face termination opt to resign from their positions. While this choice is often driven by understandable concerns, it's essential to grasp the implications of such a decision on your legal rights. These rights include your eligibility for unemployment benefits and your ability to pursue any legal claims against your employer related to the circumstances leading to this juncture.
Resigning Due to Workplace HarassmentWhen confronted with workplace harassment, you might contemplate resigning as a means to escape the hostile work environment. However, before making such a decision, it's crucial to acquaint yourself with your legal rights in this context and consider how resigning could impact your ability to pursue a comprehensive remedy for the challenges you've endured.
Resignation and Eligibility for Unemployment BenefitsAnother critical legal aspect to contemplate regarding resignation is its impact on your eligibility for unemployment benefits. Typically, if a resignation is genuinely voluntary, you may not qualify for benefits. However, there are specific situations where an employee who resigns for an urgent and compelling reason might still be eligible to collect unemployment benefits. Examples include workplace harassment and health needs that the employer is unable or unwilling to accommodate.
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Navigating Non-Compete Agreements When You Resign
One common challenge when resigning is dealing with non-compete agreements. The enforceability of your non-compete depends on various factors, as detailed in our non-compete agreement page. Consulting an employment lawyer when you're planning to resign with a non-compete is advisable.
Moreover, before you resign, ensure that you have no confidential company information stored on personal devices. Demonstrating that you've removed all confidential data can alleviate your employer's concerns and prevent misunderstandings.
Avoid downloading company documents to external devices, as this can be misinterpreted as an attempt to take trade secrets or confidential information. Even if the data is personal, your employer may not discern its nature, potentially causing complications during your transition.
Moreover, before you resign, ensure that you have no confidential company information stored on personal devices. Demonstrating that you've removed all confidential data can alleviate your employer's concerns and prevent misunderstandings.
Avoid downloading company documents to external devices, as this can be misinterpreted as an attempt to take trade secrets or confidential information. Even if the data is personal, your employer may not discern its nature, potentially causing complications during your transition.
Reimbursement of Signing Bonus, Training Expense, or Moving Costs
In some cases, employers offer signing bonuses or reimburse moving expenses on the condition that you stay with the company for a specified period. These agreements are typically enforceable unless they are inherently unreasonable. Importantly, employers must follow proper procedures to recoup these expenses, and withholding them from your final paycheck is often unlawful.
Consider whether your decision to resign is linked to unfulfilled promises made by your employer. If this is the case, you may argue that your employer breached the agreement, relieving you of your obligations.
Consider whether your decision to resign is linked to unfulfilled promises made by your employer. If this is the case, you may argue that your employer breached the agreement, relieving you of your obligations.
Practical Considerations When Resigning
To minimize legal risks and maintain goodwill during your resignation process, follow these practical considerations:
- Conduct your job search on personal time and using personal email to avoid any potential monitoring of company communications.
- If possible, provide reasonable notice, even if not legally required. It demonstrates professionalism and consideration.
- If your notice is accepted, use the final weeks to finalize ongoing projects or document outstanding tasks.
- Agree with your employer on the messaging for customers and coworkers and adhere to that message when discussing your departure.
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
Our experienced team can provide legal guidance and advice to ensure a smooth transition when leaving your job. Contact us for expert assistance. 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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