Wrongful termination in Massachusetts: the basics

At-will has limits

Most Massachusetts workers are at-will, but you cannot be fired for illegal reasons or in violation of contract or public policy.

Common claims involve discrimination, retaliation, unpaid wages or commissions, breaches of written promises, or firings that violate public policy.

  • Discrimination under M.G.L. c.151B (race, color, religion, national origin, sex/pregnancy, gender identity, sexual orientation, age, disability). Applies to employers with 6+ employees.
  • Retaliation for reporting discrimination, harassment, safety issues, wage violations, or for taking protected leave (PFML), or filing for workers’ comp.
  • Wage Act issues: fired to avoid paying earned wages, overtime, or commissions due and determinable.
  • Public policy: refusing to commit an illegal act, serving on a jury, or asserting statutory rights.
  1. Ask: Was I in a protected class or doing a protected activity before the firing?
  2. Check: Did the employer give shifting reasons or ignore its own policies?
  3. Confirm: Were wages, overtime, or commissions earned but unpaid at termination?

Proof you need to show

Build a paper trail that ties the firing to an illegal reason

You need evidence that connects your protected status or activity to the decision to terminate, or that shows a contract or wage law violation.

Focus on documents, timing, comparisons to coworkers, and inconsistencies in the employer’s story.

  • Emails, texts, performance reviews, write-ups, and policy manuals showing rules and how they’re applied.
  • Timeline of events: complaint dates, leave requests, doctors’ notes, and the firing date.
  • Comparator proof: coworkers outside your protected class treated better for similar issues.
  • Payroll records, timecards, commission plans, and sales reports showing money owed.
  • Witness statements or notes from meetings; calendar entries; screenshots of schedules or portals.
  • Evidence of deviations from progressive discipline or sudden negative reviews after you complained.
  1. Discrimination: Protected class, qualification, adverse action, and facts suggesting bias or pretext.
  2. Retaliation: Protected activity, employer knowledge, adverse action, and close timing or other causal facts.
  3. Wage/commission: Clear plan terms, work performed, amounts due and determinable, and nonpayment.

How Massachusetts procedures and deadlines work

Where to file and by when

Deadlines are short. Missing one can end your claim. Start gathering documents immediately.

Choose the right forum for your claim type and preserve your rights early.

  • Discrimination/harassment (c.151B): File at MCAD within 300 days. After 90 days, you can request a right-to-sue to move to court.
  • Wage Act (c.149): 3-year statute of limitations. First file a complaint with the MA Attorney General’s Fair Labor Division; you can sue after 90 days or sooner if authorized. Treble damages and attorney’s fees are available.
  • PFML retaliation (c.175M) and workers’ compensation retaliation (c.152 §75B): Short timelines may apply; act quickly.
  • Public employee whistleblower (c.149 §185): Up to 2 years to sue; special notice rules may apply.
  • Personnel file rights (c.149 §52C): Request your personnel record; the employer must provide it within 5 business days.
  1. Identify your claim type(s): discrimination, retaliation, wage/commission, public policy, or whistleblower.
  2. File at MCAD for discrimination/harassment claims within 300 days; this can be dual-filed with EEOC.
  3. File a Wage Act complaint with the Attorney General before suing for unpaid wages or commissions.
  4. Track all statutes of limitations and keep proof of your filings and agency receipts.

Step-by-step actions to take now

Preserve evidence and protect your claims

Move fast, stay organized, and don’t jeopardize confidential information.

Keep communications professional and in writing when possible.

  • Request your personnel file in writing and save the dated request.
  • Save emails, texts, pay records, schedules, and benefit or leave documents to a personal device you own.
  • Avoid taking trade secrets or privileged documents; copy only materials you are lawfully allowed to keep.
  • Apply for unemployment; truthful applications typically do not harm claims.
  1. Write a timeline of key dates: hire, reviews, complaints, leave, write-ups, termination.
  2. List witnesses and what they saw or heard; gather contact info.
  3. Calculate unpaid wages, overtime, or commissions with backup records.
  4. File the correct agency charge on time (MCAD, AG Fair Labor Division).
  5. Consult a Massachusetts employment attorney to evaluate options and deadlines.

Common mistakes that hurt Massachusetts claims

Avoid avoidable setbacks

Small errors can cost you leverage or your case entirely.

When in doubt, get advice before signing or posting.

  • Missing the 300-day MCAD deadline for discrimination claims.
  • Signing a severance or release without legal review.
  • Deleting emails, texts, or cloud files that support your story.
  • Posting about your case or employer on social media.
  • Complaining only verbally with no written record.
  1. Calendar every deadline as soon as you learn it.
  2. Keep a clean, dated evidence folder and back it up.
  3. Route all negotiations and questions through counsel once retained.

What to prepare before you contact a lawyer or agency

Documents, timeline, and damages

Arrive with a clear packet so your advisor can spot strengths and deadlines quickly.

Well-organized materials can speed up MCAD or AG filings.

  • Employment documents: offer letter, handbook/policies, commission plans, warnings, reviews.
  • Communications: emails, texts, meeting notes, corrective action plans.
  • Pay records: paystubs, timecards, sales reports, commission calculations.
  • Leave and medical: PFML paperwork, doctors’ notes, accommodation requests.
  • A concise timeline and witness list with contact details.
  1. Create a single PDF or folder with labeled subfolders (Policies, Pay, Emails, Timeline).
  2. Draft a one-page summary of what happened and what proof you have.
  3. List your goals: reinstatement, back pay, commissions, references, or settlement.
  4. Bring everything to your attorney consult or attach to your MCAD/AG filing.