Navigating Job Termination: Your Guide to What Comes Next
Understanding Your Employment Termination RightsFacing employment termination, whether it's a surprise or an anticipated event, can be a challenging experience. In Massachusetts, you have certain rights and responsibilities when it comes to employment termination. This guide will help you navigate this process and make informed decisions during this critical time.
What Your Employer Must Do at TerminationRegardless of the reason for your termination, your employer must fulfill certain obligations in Massachusetts:
The Termination ConversationMost employers in Massachusetts will conduct a termination meeting in person, often with a representative from the Human Resources department present. In smaller companies, it may be a one-on-one meeting with your supervisor.
Here are some important things to keep in mind during this conversation:
Unemployment BenefitsIn most cases, if your termination was not voluntary, you should be eligible to collect unemployment benefits in Massachusetts. It's crucial to apply as soon as the Department of Unemployment Assistance (DUA) permits it, even if you are uncertain about your eligibility or considering a severance agreement. Benefits eligibility typically dates back to your application date, so delaying the process could result in lost benefits.
Resignation vs. Being Fired: ConsiderationsOccasionally, employers may offer you the choice to resign to avoid being fired. While this may seem like an appealing option, several factors warrant consideration:
Understanding Severance PackagesIn some cases, you may be offered severance pay in exchange for signing a release of claims against the company. While severance agreements can be standard and fair, it's essential not to rush into an agreement. Take your time to evaluate its fairness and implications, especially if it involves waiving legal claims. Consulting with an experienced employment attorney can help you understand your rights and protect your interests in this process.
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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, 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 seasoned employment attorneys are here to provide you with expert guidance and legal support during the complex process of employment termination. We specialize in Massachusetts employment law, ensuring you receive the assistance you need to protect your rights and make informed decisions. 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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