Unemployment in Massachusetts
Facing Unemployment: What Next?The very first thing you are handed when you are fired is information about applying for unemployment. This is also the very first thing you can do to protect your own financial security after a job loss. But many people find even this seemingly simple step is complicated by other questions arising from the termination itself. Below is some information and links about (i) applying for unemployment; (ii) understanding what happened with your termination and whether you should consider any further action; and (iii) considering severance, if severance has been offered to you.
Applying for UnemploymentYou should do this as soon as you are able, even if you have questions about eligibility. If there is a dispute about eligibility and you have to appeal in order to secure your benefits, your benefits if you get them will date back to the original date. If you wait several weeks or more to apply, you may permanently lose out on those weeks of benefits if you ulimately prevail.
If your employer did not give you information about unemployment, you can start the process of applying for benefits on the Massachusetts DUA Website. You can review the eligibility requirements, and some common issues in unemployment proceedings, on our Massachusetts Unemployment Benefits page. In short, most workers can qualify for unemployment benefits if they meet certain criteria:
Understanding What HappenedSometimes, the loss of a job is based on something you may not like but can understand- a company re-organization, layoffs for financial reasons, or personal disagreements at work.
Other times, you are left wondering if the termination violated your legal rights in some way. Employment laws can be confusing, and there are many things that feel wrong or unfair but are not necessarily illegal. At the same time, as an employee you have some important legal protections against discrimination, harassment, and retaliation that you may need to consider at this time. Some things to consider:
If you think any of these things apply to you, it is a good idea to seek advice from an employment lawyer so that you can understand your options and make a decision about pursing any remedies that may be available to you. Remember: you should apply for unemployment whether you have these questions or not. Unemployment is a safety net designed to help people like you in exactly the situation you are in, and you do not want to risk losing out on benefits that could be coming to you. |
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Considering Severance
If you were offered a severance package, you may also have questions about that. A severance is basically compensation offered in exchange for you signing a release of any legal claims that may exist relating to your employment or your termination. Understanding how to assess that deal can be stressful and confusing. You can learn more on this site about evaluating severance pay. Also, here are a few things that may help:
- If the agreement requires you to sign a release of claims, it should not affect your unemployment eligibility. So do not wait to apply for unemployment until you have decided about the severance.
- Your employer should not withhold your final paycheck, including unused vacation pay, while you consider the severance. This is owed on the day of your termination, regardless of whether you accept a severance.
- If you are over 40, you should have at least 21 days to review and consider the agreement.
Assessing the Impact of a Non Compete Agreement
If you have a non compete agreement, now is the time to review both the agreement and the nature of your termination so that you have clear information about what you can and cannot do in your search for a new job, and whether you need to include some discussion of the non compete in any negotiations around a severance agreement, if applicable. Reasons for this include:
- Non competes signed on or after October 1, 2018 cannot be enforced against you if you were fired without cause. This means, unless it is clear that the termination was not for cause, it may be worth getting clarification from your employer, in a severance agreement or otherwise.
- If your agreement has a garden leave provision in it, your employer has a choice between enforcing the non compete and making the garden leave payments. Which direction they choose is important for you to know, so you can get paid if they choose to enforce it. Those payments could also affect the amount of your unemployment benefits, though this is not yet entirely clear under the law.
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 a 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 issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
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, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
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 assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
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 with unemployment appeals, wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
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 multiple unemployment appeals, wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
The first step- applying for unemployment- is usually not something you need a lawyer's help with. We can help you if you are denied and need to appeal the determination. We can also help you understand your termination and whether you have any legal rights to assert, independent of unemployment. 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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