Overview

In Massachusetts, most jobs are “at will,” but firing someone for an illegal reason is wrongful termination. That includes discrimination, retaliation, or firing that violates public policy or a contract.

A Massachusetts wrongful termination lawyer can assess your facts, protect deadlines, and pursue back pay, emotional distress, and other damages.

Do You Qualify?

  • Discrimination: Fired because of race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, age (40+), disability, or genetic information (M.G.L. c. 151B).
  • Retaliation: Fired for reporting or opposing discrimination, requesting accommodation, taking protected leave (PFML/FMLA), filing a wage complaint, seeking workers’ comp, or whistleblowing about legal violations.
  • Public policy: Fired for refusing to break the law, doing a legal duty (e.g., jury duty), or asserting a legally guaranteed right.
  • Wage violations: Termination tied to unpaid wages or commissions, or retaliation after asking to be paid lawfully (Massachusetts Wage Act).
  • Contract rights: You had a written contract, offer letter, or policy limiting firing to “for cause,” or you were cut to avoid paying earned commissions (good-faith/fair-dealing rule).
  • Misclassification: Labeled an “independent contractor” when you functioned as an employee; termination after raising misclassification concerns.

How MA Law Applies

Discrimination (M.G.L. c. 151B)

At-will employment has limits. Massachusetts bars terminations that violate statutes, contracts, or public policy, even when there is no union or written contract.

It is illegal to fire someone because of a protected characteristic or for opposing discrimination. You must first file with the Massachusetts Commission Against Discrimination (MCAD).

Deadline: File at MCAD within 300 days of the firing or last discriminatory act. After 90 days, you can request a right-to-sue and file in court. A civil action must be within three years.

Massachusetts prohibits firing for protected activities, including:

Even at-will employees cannot be fired for refusing to commit a crime, fulfilling a legal obligation, or exercising a legal right. These are common-law claims with a short timeline to act.

The Wage Act requires prompt payment of wages and earned commissions that are “definitely determined and due and payable.” Violations carry automatic treble damages and attorney’s fees.

Before suing, you must file a complaint with the Attorney General; you can then sue after 90 days or sooner with AG permission.

Written agreements or clear “for cause” promises can override at-will status. MA law also bars terminations made to cheat an employee out of earned commissions or compensation.

You can request your personnel file and the employer must provide it within five business days of a written request. You can add a written rebuttal to disputed items.

  • Wage Act complaints: M.G.L. c. 149, §§148, 148A, 150 (mandatory treble damages and attorney’s fees).
  • Workers’ compensation: M.G.L. c. 152, §75B(2).
  • PFML leave: M.G.L. c. 175M (presumption of retaliation if adverse action within 6 months of leave request/return).
  • Earned sick time: M.G.L. c. 149, §148C.
  • Other protected reports: Safety, harassment, discrimination, or illegal conduct.
  • Back pay and front pay or reinstatement.
  • Emotional distress and, in some cases, punitive damages (c. 151B).
  • Treble damages and fees for Wage Act claims.
  • Attorney’s fees in many statutory claims.

Step-by-Step: What to Do

  1. Step 1: Write down what happened. Note who was involved, dates, witnesses, and reasons given. Save emails, texts, handbooks, performance reviews, and pay records.
  2. Step 2: Request your personnel file. Send a short written request (email is fine). The employer must provide it within five business days under §52C.
  3. Step 3: Apply for unemployment. File promptly with the MA Department of Unemployment Assistance. Termination for reasons other than deliberate misconduct may still qualify.
  4. Step 4: Calculate deadlines. Put the 300-day MCAD deadline on your calendar. Wage Act claims generally carry a three-year limit, but start the AG complaint process now.
  5. Step 5: File the right agency charge. For discrimination/retaliation under c. 151B, file at MCAD (dual-filing can cover EEOC). For wage issues, file a complaint with the MA Attorney General.
  6. Step 6: Don’t sign anything yet. Have a Massachusetts employment lawyer review any severance or release, especially if it purports to waive Wage Act or discrimination claims.
  7. Step 7: Speak with a MA wrongful termination lawyer. A lawyer can assess claims, preserve evidence, send demand letters, and negotiate or file suit before deadlines run.

Common Mistakes to Avoid

  • Missing the 300-day MCAD deadline: Late filings can bar discrimination claims.
  • Signing a release without review: You may waive valuable rights for too little, including treble-damages Wage Act claims.
  • Not preserving evidence: Deleting emails, texts, or documents weakens your case.
  • Posting on social media: Public posts can be used against you.
  • Assuming commissions aren’t owed: If they were earned under the plan, they may be payable even after termination.
  • Waiting to request your personnel file: Get it quickly to spot inaccuracies and add a rebuttal.
  • Complaining to the wrong forum: Use MCAD for c. 151B claims; use the AG process for Wage Act claims.

What You Should Do Next

Gather your termination letter, pay records, commission plan, emails, and handbook. Request your personnel file, apply for unemployment, and calendar key deadlines.

Then consult a Massachusetts wrongful termination lawyer. A local attorney can identify the strongest claims, file with MCAD or the AG on time, and pursue settlement or litigation for maximum recovery.