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What is wrongful termination in Massachusetts?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

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

  • Public-sector: M.G.L. ch. 149, § 185 — broad protection.
  • Private-sector: No general statute; protections found in specific contexts (healthcare under M.G.L. ch. 149, § 187).
  • False Claims: M.G.L. ch. 12, § 5J protects qui tam relators.
  • 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

  • Public policy tort: 3 years.
  • ch. 151B: 300 days to MCAD; 3 years for civil action.
  • Wage Act: 3 years.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • 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
    Related Statutes & Laws
    • 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.