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Massachusetts Wrongful Termination Laws: Know When Firing Is Illegal

Quick Answer: Massachusetts is an at-will employment state but recognizes strong exceptions. You cannot be fired for discrimination (Chapter 151B covers 6+ employees), whistleblowing, exercising statutory rights, or in violation of public policy. File discrimination claims with MCAD within 300 days.

Massachusetts provides robust wrongful termination protections.

Massachusetts At-Will Employment

Default Rule

At-will means:

  • Either party can end employment
  • For any reason or no reason
  • UNLESS exception applies

Strong Exceptions

Cannot fire for:

  • Discrimination (Chapter 151B)
  • Whistleblowing
  • Public policy violations
  • Exercising statutory rights
  • Retaliation

Exceptions to At-Will

Chapter 151B Discrimination

Protected classes:

  • Race, color, religion
  • Sex, national origin
  • Age (40+), disability
  • Sexual orientation, gender identity
  • Ancestry, genetic information
  • Military service

Public Policy Exception

Massachusetts recognizes:

  • Refusing to violate law
  • Exercising legal rights
  • Performing public duties
  • Whistleblowing

Whistleblower Protection

Protected for reporting:

  • Violations of law
  • Fraud
  • Safety violations
  • Healthcare fraud

Implied Contract

May exist when:

  • Handbook promises
  • Course of dealing
  • Oral assurances

Filing Complaints

MCAD (State)

Massachusetts Commission Against Discrimination:

  • Phone: 617-994-6000
  • Deadline: 300 days
  • Strong enforcement

EEOC (Federal)

Also available:

  • Phone: 617-565-3200
  • Workshares with MCAD

Attorney General

For wage/retaliation:

  • Fair Labor Division
  • Phone: 617-727-3465

Proving Wrongful Termination

Elements

Generally show:

  • Employment existed
  • Termination occurred
  • Protected reason
  • Damages resulted

Documentation

Gather:

  • Performance reviews
  • Communications
  • Timeline
  • Evidence of protected activity

Common Scenarios

Scenario 1: Fired After MCAD Complaint

Situation: Terminated after filing discrimination complaint.

Analysis: Retaliation is illegal. Additional claim.

Scenario 2: Whistleblower Termination

Situation: Fired after reporting fraud.

Analysis: Whistleblower protection applies.

Scenario 3: Small Employer Discrimination

Situation: Work for 8-person company, discriminated against.

Analysis: Chapter 151B covers 6+ employees. Protected.

Scenario 4: LGBTQ Termination

Situation: Fired based on sexual orientation.

Analysis: Explicitly protected under Chapter 151B.

Remedies Available

Damages

May recover:

  • Lost wages
  • Front pay
  • Compensatory damages
  • Emotional distress
  • Punitive damages (some cases)
  • Attorney’s fees

Statute of Limitations

Time Limits

Varies by claim:

  • MCAD: 300 days
  • Contract: 6 years
  • Tort claims: 3 years

Frequently Asked Questions

Is Massachusetts at-will?

Yes, but with strong exceptions for discrimination, whistleblowing, and public policy.

Does Chapter 151B cover small employers?

Yes. 6+ employees.

How long to file discrimination claim?

300 days with MCAD.

Is LGBTQ termination illegal?

Yes. Explicitly protected.

Related Topics

Take Action

If wrongfully terminated:

  1. Document circumstances
  2. Identify protected activity
  3. Note 300-day deadline
  4. Preserve evidence
  5. Consult employment attorney

Legal Disclaimer

This article provides general information about wrongful termination in Massachusetts and is not legal advice. For specific advice, consult a licensed Massachusetts employment attorney.

For official information: