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Wrongful Termination in Massachusetts: Your Rights

Understanding wrongful termination protections in Massachusetts. This guide covers at-will exceptions, protected classes, whistleblower protections, and how to file a claim.

Data last updated: Jan 15, 2025

Key Takeaways

  • At-will employment: Yes.
  • Public policy exception: Recognized.
  • Implied contract exception: Recognized.
  • Filing deadline: 300 days for MCAD complaints; 300 days for EEOC (dual filing).
At-Will Employment doctrine
Yes Public policy exception
Yes Implied contract exception
Yes Good faith exception

At-Will Employment in Massachusetts

Massachusetts is an at-will employment state. Employers can terminate employees for any lawful reason or no reason at all.

Recognized Exceptions

  • Public policy
  • Implied contract
  • Covenant of good faith

Protected Classes

In addition to federal protections, Massachusetts prohibits employment discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • Sexual orientation
  • Gender identity
  • National origin
  • Ancestry
  • Age (40+)
  • Disability
  • Marital status
  • Military status
  • Genetic information
  • Pregnancy
  • Criminal record (CORI)

Whistleblower Protections

Massachusetts provides strong protections for employees who report violations of law, including the False Claims Act and healthcare whistleblower provisions.

Filing a Claim

  • Filing deadline300 days for MCAD complaints; 300 days for EEOC (dual filing)
  • State agencyMassachusetts Commission Against Discrimination (MCAD)

Back pay, front pay, compensatory damages, emotional distress damages, treble damages for wage violations, punitive damages, and attorney fees.

Massachusetts Commission Against Discrimination (MCAD) website

Related Resources

Frequently Asked Questions

  • What makes Massachusetts employee-friendly?

    Massachusetts recognizes all three at-will exceptions, has an extensive list of protected classes, and MCAD applies to employers with 6 or more employees.

  • Does Massachusetts protect criminal records?

    Yes. Massachusetts CORI reform limits employer use of criminal records in hiring and requires individualized assessments.

  • What is the covenant of good faith exception in Massachusetts?

    Massachusetts recognizes that employers cannot terminate employees in bad faith to deprive them of earned compensation, commissions, or benefits.

  • How do I file a complaint in Massachusetts?

    File with MCAD within 300 days of the discriminatory action. MCAD will investigate and may conduct a public hearing.

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