At-will employment is the default relationship between employers and employees in Massachusetts, meaning either party can end the employment at any time, for any reason—or for no reason at all. But while the phrase “at-will” may sound like employers hold all the cards, there are important legal boundaries that limit this discretion. Employees still have rights under both state and federal law, and when those rights are violated, legal remedies may be available.

This article breaks down what at-will employment means in practice, the exceptions to the rule, and what steps workers can take when they suspect unlawful termination.

What At-Will Employment Really Means

In Massachusetts, if you don’t have an employment contract or union agreement, you’re likely considered an at-will employee. This means:

  • You can be terminated without notice.
  • You don’t need to be given a reason for your firing.
  • You can quit your job at any time without penalty.

This flexibility benefits employers, especially in fast-paced industries where staffing needs may change quickly. However, it can leave employees feeling unprotected—especially if they believe they were fired unfairly.

Key Exceptions to At-Will Employment

Although Massachusetts law follows the at-will model, there are several critical exceptions that provide protection for employees. If any of these apply to your situation, you may have grounds to challenge your termination:

1. Discrimination-Based Termination

It is illegal to fire someone based on protected characteristics under state and federal laws, including:

The Massachusetts Commission Against Discrimination (MCAD) and the Equal Employment Opportunity Commission (EEOC) enforce these protections. If you believe your firing was motivated by bias, you can file a claim with either agency.

2. Retaliation for Protected Activities

You cannot legally be fired for engaging in activities that the law protects, such as:

  • Reporting unsafe working conditions
  • Filing a workers’ compensation claim
  • Participating in an investigation or lawsuit
  • Requesting or taking family or medical leave under FMLA
  • Reporting harassment or discrimination

Retaliation claims are among the most common employment-related legal actions in the state. In 2023, retaliation made up over 50% of all workplace discrimination charges filed nationally with the EEOC.

3. Implied Contract Exceptions

Even without a written contract, certain employer actions or statements can create an “implied” contract. For example:

  • A handbook that outlines progressive discipline steps
  • Verbal assurances of job security or long-term employment
  • A pattern of past behavior that suggests firings occur only for cause

Massachusetts courts have recognized these implied agreements in specific cases. If your employer led you to reasonably believe you wouldn’t be fired without cause, you might have a case.

4. Covenant of Good Faith and Fair Dealing

Massachusetts also recognizes a legal principle that prohibits employers from firing employees in bad faith. Examples include:

  • Terminating someone to avoid paying earned commissions or bonuses
  • Firing an employee shortly before they would qualify for retirement benefits
  • Letting someone go after they raise a legitimate internal complaint

This legal concept is not always easy to prove but can be powerful when backed by clear evidence.

Understanding Your Rights Upon Termination

If you’ve been terminated, you’re still entitled to certain rights regardless of the reason:

  • Final Paycheck: Massachusetts law requires that you receive your final wages—including unused vacation time, if company policy allows—on your last day if fired, or by the next regular payday if you quit.
  • Unemployment Benefits: You may qualify for unemployment, even if you were fired, unless it was for deliberate misconduct.
  • Severance Agreements: These are not legally required but may be offered. Before signing, review the terms carefully. Many contain waivers that give up your right to sue.
  • COBRA or Health Insurance Continuation: If you had health insurance through your employer, you may be eligible to continue coverage for a limited period after separation.

When Termination May Be Unlawful

If your firing appears to violate one of the above exceptions, consider the following signs:

  • Your termination followed a complaint or internal grievance
  • Other employees who violated the same policy were treated differently
  • You received strong performance reviews but were suddenly fired
  • You belong to a protected class and suspect discriminatory treatment

Documenting the timeline and any communications surrounding your termination can be essential for supporting a legal claim.

How to Respond if You Suspect Unlawful Termination

If you believe your firing was unlawful, take the following steps:

  • Gather Documentation: Emails, performance reviews, text messages, and written policies can all help establish a timeline and motive.
  • File a Complaint with MCAD or EEOC: Depending on the nature of your claim, this is often the first step before filing a lawsuit.
  • Consult an Employment Attorney: Legal counsel can help assess the strength of your claim, explain your options, and guide you through negotiations or litigation.
  • Avoid Signing Anything Under Pressure: Some employers present severance agreements quickly—don’t sign without reviewing them carefully, ideally with legal advice.

Conclusion

While at-will employment gives Massachusetts employers flexibility in managing their workforce, that flexibility has limits. State and federal laws protect workers from discriminatory, retaliatory, or bad-faith terminations. If you’ve been let go and suspect your rights were violated, understanding these protections is the first step in advocating for yourself. Taking prompt, informed action can help you preserve your rights and pursue any compensation you may be owed.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts Employment Law Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal consultation.

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