Massachusetts Termination Review Form
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FAQ
If you are able to perform the essential functions of your job, you cannot be fired because you have a disability. You also can't be fired because your employer believes you have a disabling condition.
Although it seems almost impossible to believe, employers in Massachusetts, or in any other employee-at-will state, can fire any employee at any time for any reason or even for no reason at all. An employer can terminate any employee, with or without notice.
If your workplace has fewer than 11 workers, your sick time may be unpaidbut you can't be fired or punished for taking it. All covered employees are protected against being fired or punished for using or requesting their sick time (including threats, discipline, demotion, reduction in hours, termination, etc.).
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.
Under the Fair Labor Standards Act (FLSA), employers in the United States are not required to provide a written notice of termination when ending the employment contract of an employee.
The Fair Work Act states that an employer cannot dismiss an employee if an employee is temporarily absent from work due to an illness or injury. A 'temporary absence' includes an absence where the employee is away for three months or less. This can include a combination of paid and unpaid personal leave.
You'll essentially need two kinds of paperwork: documents you need to gather before you actually fire the person (such as their hours worked and paid-time-off balances due), and documents you'll need to bring to the termination meeting itself such as a severance agreement or their final paycheck.
Massachusetts law requires that employers provide terminated employees with a notice from the Department of Unemployment Assistance (DUA) concerning how to file for unemployment benefits.
This means that either the employer or the employee may end the employment relationship at any time, for any reason, or for no reason at all. Generally, neither party is required to give any form of notice or warning before terminating the employment relationship.
Employees who have been wrongfully terminated may pursue their claims through the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Commission (EEOC), or in federal or Massachusetts court.
