Legal Question in Employment Law in Massachusetts

Re: Involuntary termination

I don't think an employer can withhold wages due and owing to the employee in exchange for the employee's execution of a "separation agreement," which is really a nice term for binding release of claims.

The employer might be able to legitimately claim the wages are not due, based on some breach by the employee (perhaps resulting in the termination itself), or because the employee's failed to adequately perform his/her obligations. In this case, the employer would claim the final payment is not wages but actually a severence payment (in my judgment a weak and risky argument).

But steadfastly witholding earned wages already due in exchange for a relaease of claims, looks a lot like commercial extortion to me.