Can I sue for wrongful termination in Massachusetts?
1. At-Will Default
Massachusetts follows at-will under Fortune v. National Cash Register Co., 364 N.E.2d 1251 (Mass. 1977).
2. Public Policy Exception
Public-policy claims are narrow. DeRose v. Putnam Management Co., 496 N.E.2d 428 (Mass. 1986); Smith-Pfeffer v. Superintendent, 533 N.E.2d 1368 (Mass. 1989). Examples: refusing to commit perjury, performing important public duty (jury duty), asserting legally guaranteed right (Flesner — filing OSHA complaint), reporting illegal activity in some circumstances.
3. Implied Contract
Recognized in narrow circumstances. Jackson v. Action for Boston Community Development, 525 N.E.2d 411 (Mass. 1988) — handbook policies can be enforceable if employer manifests intent to be bound.
4. Implied Covenant of Good Faith
Yes — Fortune v. NCR established that at-will employees can recover compensation earned but not yet paid when termination occurs in bad faith to deprive employee of that benefit (e.g., commissions).
5. Statutory Discrimination Claims
Mass. Gen. Laws Ch. 151B prohibits employment discrimination across broad protected classes (race, sex, age 40+, disability, sexual orientation, gender identity, gender-affirming healthcare access, etc.). Massachusetts Commission Against Discrimination (MCAD) enforces; charge within 300 days. SOL for 151B suit: 3 years after MCAD filing.
6. Retaliation Statutes
M.G.L. c. 149, § 185 — Public Employee Whistleblower Protection. M.G.L. c. 152, § 75B (WC retaliation). M.G.L. c. 151B, § 4(4) (discrimination retaliation). M.G.L. c. 149, § 148A (Wage Act retaliation, treble damages).
7. WARN Act
No formal MA mini-WARN, but M.G.L. c. 151A, § 71A et seq. requires advance notice for plant closings. Federal WARN applies.
8. Damages
151B: back pay, front pay, emotional distress, punitive, attorney's fees. Public-policy tort: back pay, compensatory, punitive. Wage Act: treble damages, attorney's fees mandatory.
9. Statute of Limitations
151B: 300 days MCAD + 3-year suit window; Public-policy tort: 3 years; Fortune covenant: 6 years; Wage Act: 3 years.
This is legal information, not legal advice.
- You were fired right before commissions/bonuses vested (Fortune good-faith claim)
- You experienced discrimination or harassment under Ch. 151B and have an MCAD timeline
- Your employer underpaid wages and retaliated when you complained (Wage Act treble damages)
- M.G.L. c. 151B
- M.G.L. c. 149 § 185 (Whistleblower)
- M.G.L. c. 152 § 75B (WC retaliation)
- M.G.L. c. 149 § 148 (Wage Act)
- Fortune v. NCR, 364 N.E.2d 1251 (Mass. 1977)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.