What is wrongful termination in Massachusetts?
Massachusetts has strong employee protections through case law, broad anti-discrimination statutes, and the country's most powerful wage statute.
1. Public Policy Exception
Massachusetts recognizes wrongful discharge violating clearly established public policy. Examples: DeRose v. Putnam Management, 398 Mass. 205 (1986) (asserting workers' comp rights); Smith-Pfeffer v. Superintendent, 404 Mass. 145 (1989) (discussing public policy framework).
2. Implied Covenant of Good Faith — Fortune Doctrine
Fortune v. National Cash Register Co., 373 Mass. 96 (1977), held that even an at-will employee cannot be discharged in bad faith to deprive the employee of earned compensation (e.g., commissions). This is contractual, not tort.
3. M.G.L. ch. 151B — Anti-Discrimination Statute
Prohibits discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, ancestry, age (40+), genetic information, military status, ancestry, or handicap. Applies to employers with 6+ employees. Must file with MCAD within 300 days. After 90 days at MCAD, plaintiff may remove to Superior Court.
Damages: emotional distress, lost wages, punitive damages, attorney's fees — uncapped.
4. Massachusetts Wage Act — M.G.L. ch. 149, § 148
The most powerful wage law in the country: provides mandatory treble (triple) damages plus attorney's fees for any failure to timely pay wages, including final wages on the day of discharge. Reuter v. City of Methuen, 489 Mass. 465 (2022). Strict liability — no "good faith" defense.
5. Whistleblower Statutes
6. Workers' Comp Retaliation — M.G.L. ch. 152, § 75B
Prohibits retaliation; up to triple damages.
7. Paid Family & Medical Leave (PFML) — M.G.L. ch. 175M
Effective 2021. Up to 26 weeks combined leave; retaliation prohibited.
8. WARN Act
Federal WARN; no broad state WARN, but plant-closing law (M.G.L. ch. 151A, § 71B) applies.
9. Statute of Limitations
This is legal information, not legal advice.
- Your employer didn't pay your final wages on the day of discharge — you may be entitled to triple damages
- You may have a Fortune doctrine claim involving lost commissions or bonuses
- You face the 300-day MCAD deadline
- M.G.L. ch. 151B, § 4
- M.G.L. ch. 149, § 148
- M.G.L. ch. 149, § 185
- M.G.L. ch. 152, § 75B
- M.G.L. ch. 175M
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.