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Losing your job out of the blue can dramatically affect your life. It may leave you stressed, strapped for cash, and maybe even bewildered as to why it happened. While nothing in life is guaranteed, including employment, people are often wrongfully terminated in violation of state or federal laws.
But what constitutes wrongful termination in Massachusetts?
In this post, our Massachusetts wrongful termination attorney shines some light on the issue. Keep reading to find out whether you may have been fired for the wrong reasons.
Understanding Wrongful Termination in Massachusetts
The term “wrongful termination” refers to the act of firing someone for reasons that violate state or federal laws. Massachusetts is what’s known as an “at will” employment state, which means that employers can fire employees for any reason or no reason, as long as it’s not for an illegal or prohibited reason, like discrimination, retaliation, or other violation of public policy.
Typical Grounds for Wrongful Termination Claims in Massachusetts
Wrongful termination occurs when someone is fired in violation of state or federal law. In Massachusetts, there are several grounds that may indicate a termination was wrongful. Let’s explore those.
- Discrimination – Termination based on protected characteristics such as race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information, or other protected classes under federal and state laws.
- Retaliation – Termination in response to an employee exercising their legal rights to report workplace harassment or discrimination, filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Massachusetts Commission Against Discrimination (MCAD), whistleblowing on illegal or unethical practices, or participating in an investigation or legal case against the employer.
- Employment Contract Violations – Termination that violates written employment contracts, collective bargaining agreements, or implied contracts like company policies or handbooks.
- Public Policy Violations – Termination for reasons that go against established public policies, like refusing to engage in illegal activities, taking time off for jury duty or military service, or exercising their rights under state or federal leave laws.
What to Do if You Think You’ve Been Wrongfully Terminated
If you think you’ve been terminated in violation of law or public policy, you have rights, but you must act quickly. Start by documenting the circumstances around the termination. If you can, collect any communications from your employer that relate to the termination or actions leading up to the termination–things like emails, texts, performance reviews, employee handbooks, or other policy documents.
Essentially, you want to gather any evidence that can support your belief that you have been fired illegally based on discrimination, retaliation, breach of employment contracts or collective bargaining agreements, or violation of public policy.
Your next step is to talk with a wrongful termination attorney so they can review your evidence and confirm whether it supports a claim for illegal termination.
What Remedies Are Available for Wrongful Termination in Massachusetts?
Massachusetts law provides several remedies to help employees seek justice and compensation if they have been wrongfully terminated. These remedies include, but are not limited to:
- Reinstatement to your original position – typically pursued if the employee still wishes to return to their job and the relationship with the employer has not irreparable deteriorated.
- Back pay – compensates the employee for lost wages from the time of termination to the resolution of the case and can include salary, bonuses, commissions, and other forms of compensation the employee would have been entitled to if they had not been wrongfully terminated.
- Front pay – compensation for future lost earnings in cases of discrimination.
- Emotional distress damages – may be awarded upon proof that the circumstances around the wrongful termination caused emotional distress.
- Punitive damages – compensation sometimes awarded in the case of discrimination and retaliation.
- Attorneys’ fees and costs may be awarded to compensate you for the monetary loss of having to pursue a lawsuit.
Contact Our Massachusetts Wrongful Termination Attorneys
If you believe you have been wrongfully terminated, we can help. Contact our experienced wrongful termination lawyers at Herman Law Group for a consultation today.
