Labour Relations Act On Dismissal In Massachusetts
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FAQ
If they give a reference it: must be fair and accurate – and can include details about your performance and if you were sacked.
Massachusetts Laws on References These employers are immune from liability (that is, they may not be sued) for providing reference information about current or former employees, including the employee's employment history and reasons for termination.
Termination + five (5) years. Depending on the particular industry and record, employers may need to retain the record from one (1) to five (5) years from termination.
An employer can terminate any employee, with or without notice.”
In Massachusetts, there is no law or statute prescribing what companies may indicate in furnishing an employment reference with respect to a prior employee; however, stating false information about a prior employee may subject the employer, and the individual furnishing the reference, to one or more causes of action, ...
Employers must also provide information about applying for unemployment benefits and, if applicable, notice about continued healthcare coverage under COBRA. While employers are generally not obligated to offer severance agreements, they often do.
The “causes” that are grounds for dismissal run the gamut including: illegal activity such as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or disrupting other workers, insubordination, excessive unexcused absences, and poor job performance by some objective measure.
Wrongful termination occurs where an employee is discharged for unlawful reasons, which can include discrimination based on a protected class or retaliation. Employees who suffer a wrongful termination may bring a claim under both state and federal law.
What is the correct dismissal process? Investigate the issues. Inform the employee of the issues in writing. Conduct a disciplinary hearing or meeting with the employee. Inform the employee of the decision in writing. Give the employee a right of appeal.
