At-Will Employment - Massachusetts

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

Massachusetts law does not require a discharge notice or a reason for discharge.

State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.

State courts have recognized the concept of an “implied contract” exception to the at will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.

The courts also recognize an exception of “an implied covenant of good faith and fair dealing,” meaning that employers are not allowed to fire an employee who has worked for the company for many years, or who is due to receive anticipated financial benefits or a retirement. The courts have said that employers must conduct themselves fairly and in good faith.

State

Contact

Massachusetts Department of Labor & Work Force Development

Regulations

None.

Federal

Contacts

None.

Regulations

None.