Wrongful Termination In Massachusetts
Wrongful termination in Massachusetts has many facets that must be considered before a formal lawsuit is considered. The state of Massachusetts has an “at-will employment” legal doctrine, meaning that either party, employer or employee, can end the employment relationship at any time. An employer, for any kind of reason, can end the working relationship of a staff member at any time, without notice, and without reason.
The employee has the same rights as well, where there are no consequences for simply wanting to leave the job without notice. Perhaps the employee wants to explore new opportunities; they can do so for any reason without any sort of repercussions. In other cases, should a business need to cut costs and restructure due to economic factors, they can lay off staff for no other reason than that.
Being “wrongfully” terminated or laid off is an entirely different legal story, and calls for the employee to retain legal counsel in the event they suspect their employment has been terminated for the wrong reasons. Sudden layoffs and terminations have grown to be far more common in Massachusetts than they should be. In some cases, you may be entitled to compensation should your employer have violated your rights and terminated you for the wrong reasons.
Behind Wrongful Termination in Massachusetts
There are several “illegal” reasons for firing or laying off a workforce which would constitute being “wrongfully terminated” in Massachusetts. Despite the “at-will employment” doctrine, workers do have rights and could have a case against their employer for several different reasons.
One of the most common cases of wrongful termination in Massachusetts would be discrimination. Should an employee be laid off simply due to their race, religion, age, gender, sexual orientation, or medical condition/handicap, there may well be a case for a wrongful termination suit. Or, if a specific racialized portion of a workforce is all laid off, while non-racialized workers remain, there could be a case for a wrongful termination case. Several personal characteristics are known to be “protected” under Massachusetts and Federal law, and employers do not have the right to let go of employees based on race, but also age, sex, gender, religion, and sexual orientation.
Another common form of wrongful termination is if an employee is terminated for speaking up against things like bullying, harassment, or sexual misconduct in the workplace. This is known as a “retaliatory termination” and is one of the few legal reasons for letting go of a specific employee or group of employees. Many employees are intimidated by the prospect of highlighting misbehaviors on the job site for fear of repercussions, but it is within their legal right to challenge their employer and report bad behavior from their managers, or their fellow coworkers.
These cases are delicate matters and employees who highlight the challenges they are facing on the job site and subsequently let go, may have a legal case for wrongful termination. Employers have a moral and legal obligation to provide a safe job site for all employees, and those who push back or call out the inaction from management can’t be legally fired for partaking in this behavior. The same can be said for employees who make wage claims or partake in investigations against their employer that are conducted by law enforcement.
Retaliatory termination can also occur should an employee refuse to partake in unsafe work and are let go as a result. This is especially common in factories, construction sites, warehouses, or manufacturing, where it is the employer’s responsibility to provide a safe jobsite. Refusal to partake in unsafe work is not grounds for termination and can be a sign that you have been wrongfully let go.
Those who are successful in wrongful termination cases are entitled to different forms of compensation beyond wage loss. The exact number can vary greatly and can be dependent on different factors including but not limited to your salary upon your dismissal. Claims can be made for back pay, insurance coverage, medical expenses, harm to your reputation, and legal costs. Fogelman Law LLC looks to fight for the maximum settlement amount possible in your wrongful termination suit.
Employment Contacts and Union Agreements
Wrongful terminations can also occur in unionized workforces, or for those who have a specific contract. Should the legal language found in an employment contract or collective bargaining agreement be violated, there may be grounds for a wrongful termination case. Specialized or skilled workforces often have their own set of legal rules related to terminations, and should they be violated, it could expose the employer to a wrongful termination suit.
A successful wrongful termination suit calls for evidence, and the process will need to begin sooner rather than later. For those who suspect that they have been wrongfully terminated in Massachusetts, we encourage you to reach out for a free consultation. Having sound and qualified legal representation will make or break your case, and Fogelman Law LLC brings decades of experience related to the most complex wrongful termination cases in Massachusetts.
We know the hardships of a wrongful termination along with the lasting impacts it can have on you and your family. You are not alone during these challenging times and our legal team is ready to assist you through every step of the process. Should you suspect that you are a victim of a wrongful termination, reach out to us today and begin the process. There are no bad questions, and a simple phone call can work is the first step to fighting for what is rightfully yours. At the very least, knowing for certainty whether or not you were wrongfully terminated can help you move on.
Call or email us directly to learn more about the legal avenues available to you. Contact us now.
