Employee Termination in Massachusetts: Legal Guidelines and Best Practices
Navigating Employee Termination: Best Practices and Legal ConsiderationsOnce you've made the challenging choice to terminate an employee, it's essential to follow best practices when breaking the news. Handling this process correctly not only mitigates legal risks but also ensures a smoother transition for the departing employee.
On the flip side, missing crucial steps like providing the final paycheck, clearly explaining the termination reasons, or addressing potential wrongful termination claims can lead to costly legal battles. Understanding At-Will Employment and TerminationMassachusetts adheres to "at-will employment," allowing employers to terminate employees for various reasons. However, this rule has limitations, particularly regarding unlawful termination. Discrimination against a protected class or retaliation for protected activity, such as reporting harassment, is prohibited.
Similarly, acts taken in retaliation for employee complaints about wage and hour violations, or for taking or requesting paid family or medical leave, can be unlawful. Given the broad categories of protected classes, consulting an employment attorney when considering employee discipline or termination is advisable. An attorney can also help you understand whether it makes sense to offer a severance package under the circumstances. Legal Requirements at TerminationRegardless of the termination reason, Massachusetts law imposes specific obligations on employers, strictly enforced. These include:
Preparing for the Termination MeetingBefore meeting with the employee, take these steps:
Conducting the Termination MeetingTerminating an employee is challenging for everyone involved. While delivering difficult news is necessary for the business's health, it's equally important to show empathy. If possible, keep the focus on the future and maintain a constructive tone.
Consider having an HR representative or another witness present during the meeting. Be honest about the reasons for termination, avoiding vague explanations like economic reasons. Instead, offer appreciation for the employee's contributions while providing clear insights into the main termination rationale. Remember, the goal is a smooth transition, minimizing negative emotions and potential legal issues. |
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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, 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 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, employment and discrimination 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, 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 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
If you are in the difficult position of firing employees, we can help. We will help you assess whether you have any risk of suit from the employee. We will also help you make a plan for minimizing that risk. 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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