Identifying wrongful termination in Massachusetts is important for employees to know. Wrongful dismissal can be detrimental to workers and their families.
Employees wrongfully terminated from jobs can experience unnecessary financial and mental hardship. Fortunately, employees wrongfully fired can take legal action against their former employer.
- Types of Illegal Termination in Massachusetts
- Types of Legal Termination in Massachusetts
- At-will Employment Exceptions in Massachusetts
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Massachusetts
- Filing a Lawsuit Against Your Employer in Massachusetts
What is a wrongful termination? Unlawful termination occurs when an employer fires an employee for reasons that break federal or state law.
Workers wrongfully fired from jobs can file a claim against their employer for discrimination. To learn more about what to do when wrongfully terminated, read the comprehensive information in the topics below.
Massachusetts Unemployment Resources
Types of Illegal Termination in Massachusetts
Types of unlawful terminations occur when an employer fires employees for unjust reasons. Some discriminatory types of illegal termination of employment include the firing of an employee due to age, disability, race, religion or nationality.
These types of illegal firing are under federal law and can lead to a lawsuit if the employee seeks legal justice. Other types of illegal dismissal of employment cover termination based on bias against gender identity and sexual orientation.
The retaliatory types of illegal terminations in Massachusetts can also include employee dismissals to avoid worker’s compensation or firing pregnant employees who take qualified leave. Employees who believe they encountered any of the types of unlawful terminations from employment should assert their rights and take legal action.
Types of Legal Termination in Massachusetts
Types of legal termination of employment, although frustrating to employees, are legal reasons employers can fire an employee. These types of legal termination in Massachusetts can include poor work ethic, stealing or damaging company property.
Other types of legal firings consist of the end of an employment contract, closing of the business or group layoffs. Legal reasons for terminating employees in Massachusetts are not valid reasons to bring an employer to court. Terminated workers should review the types of legal dismissal of employment before filing for an employment discrimination charge against the former employer.
At-Will Employment Exceptions In Massachusetts
The answer to, “Is Massachusetts an at will state?” is yes, as almost all states in the nation are. Those researching, “What is employment at will?” will discover that employment-at-will means the working relationship is available for termination by the employer or employee at any point, for any reason that reason does not violates federal labor laws. Employees should be aware of exceptions to at will employment that protect them as well as can affect their rights as an employee.
The at will employment exceptions in Massachusetts that exist include:
- The covenant-of-good-faith exception that encourages employers to act without malicious intent, such as firing an employee before they are eligible for retirement benefits.
- The public-policy exception that prevents employers from firing employees for following public law or policy, such as an employee refusing to break a law for their employer’s benefit.
The exception to at will employment not followed in Massachusetts is the implied-contract exception, which involves a spoken contract between an employee and their employer and does not require documentation.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Massachusetts
Workers should learn how to file a charge of employment discrimination if they face discrimination in the workplace. Filing a charge of discrimination in Massachusetts can help an employee to seek legal justice and receive the compensation they deserve.
To file a wrongful termination discrimination charge, employees can go through the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD). Claimants filing a charge of discrimination in Massachusetts must do so within 180 days of termination for federal violations or within 300 days for state violations.
Employees need to know how to file an EEOC employment discrimination and the process that follows filing. The EEOC will usually have the employee and employer enter into mediation to come to an agreement. If the two parties cannot come to a voluntary settlement, the EEOC will proceed with an investigation. The EEOC will issue a subpoena to employers if they will not cooperate with the investigation and provide access to company documents and premises.
Filing a charge of discrimination in Massachusetts can allow an employee to take an employer to legal court for their wrongdoing. If the EEOC cannot prove that the employer violated a labor law, the agency will issue the employee a Notice of Right to Sue that allows the employee to move forward with a lawsuit against their former employer. Workers should file a wrongful termination discrimination charge if they wish to eventually file a lawsuit against the employer.
Filing A Lawsuit Against Your Employer In Massachusetts
Can I file a lawsuit for wrongful termination? Suing for wrongful termination in Massachusetts is a viable option for employees who have a valid discrimination case against an employer. Employees who wish to file a lawsuit against employers for wrongful termination need to file a claim with the EEOC first. Filing a wrongful termination claim against an employer is only possible after receiving a Notice of Right to Sue.
To file a lawsuit against your employer in Massachusetts you will need to gather all the evidence necessary to prove your case, such as pay stubs and any paperwork regarding the firing. If you are wondering how to file a wrongful termination lawsuit, you should consider hiring a legal representative. An experienced lawyer can be extremely helpful when it comes to pursuing a lawsuit in court.
Last Updated: October 18, 2022