TERMINATING "AT-WILL" EMPLOYMENT IN MASSACHUSETTS
"At-Will" Employment State
Massachusetts is an “at-will” employment state. What this means is that unless you have a contract or other specific circumstances apply, your employer may fire you 1) for any reason or no reason and 2) at any point in time. In other words, if you are an at-will employee, you may be fired or quit without giving notice. This is a hard rule of law for most employees to understand because in many cases it is unfair. As an example of how unfair this rule could be, an employer may fire an employee for being a Patriots fan; So long as no exception to the at-will employment rule applies to the facts of the case, the termination would be lawful.
Does an Exception Apply to My Case?
If you have been fired from your job, consulting an attorney may be in your best interest as you could learn more about whether an exception to the at-will employment rule applies to the unique facts of your case. For example, an attorney should be able to help you determine whether your termination triggers the “Public Policy” exception, which states that an employer may not fire an employee for reasons that violate a clearly established public policy. Furthermore, an attorney should be able to help you determine whether your termination was unlawful because it was, for example, based on your filing a worker’s compensation claim, serving on a jury, participating in an investigation, or refusal to violate the law. In other words, an employer generally may not fire an employee in retaliation. Moreover, an attorney should be able to help you determine whether your termination was based on any type of unlawful discrimination. There are exceptions to the at-will rule under both state and federal laws.
How Can the Law Office of Thomas R. Davis Help You?
Because there are many steps that need to be taken to protect your rights, it may be in your best interest to contact an attorney to learn more about options that may be available to you. Given that being fired is an especially stressful time because it affects your ability to care for yourself and your family, it probably makes sense to contact an attorney as soon as possible. If your goal is to get what you are entitled to, it is imperative to have a strong advocate by your side. Our law office is dedicated to helping individuals and families get through the legal process as successfully and smoothly as possible. We are dedicated to representing the best interests of employees.
If you have any questions regarding wrongful termination or employee rights, call us any time at (617) 431-3887 for a free, no obligation attorney consultation.
We take most employment law cases on a contingency fee basis so that inability to pay for an attorney does not hold you back. We are here to provide you with the quality representation that you deserve.