Legal Question in Employment Law in Massachusetts
unfair disciplinary action
Does Massachusetts have any laws protecting employees from being set up to be fired?
Our administrators have said publically that they don't like a gentleman working in our office and want to "get rid" of him.
He, thinking he had the authority, did something that was inappropriate. Two weeks later, the administrators had a 90 day written warning attached to his file.
Does the state have any kind of requirements about verbal warnings, written warnings, etc. or can they go right to the 90 day notice?
2 Answers from Attorneys
Re: unfair disciplinary action
Massachusetts is an "employment at will" state which means that an employee can quit without notice and be terminated without notice. The employee works for the employer at the "will" of the company and the "will" of the employee, who can quit without notice.
Employees can not be fired for an illegal reason, jury duty, filing a worker's comp claim, whisleblowing, etc.
Re: unfair disciplinary action
Unless there is a contract between the parties, an employer can terminate an employee for any reason - even one that is made up. However, an employer cannot unlawfully discriminate against an employee. In addition, an employer cannot discharge an employee when to do so would violate a public policy - such as firing someone who refuses to commit perjury for an employer, or file false tax returns for an employer. Finally, there is a convenant of good faith and fair dealing between employer and employee - this particular aspect of the law is quite complicated and could not be adequately explained in this reply. If this employee feels as if he is the target of unlawful discrimination, or that his firing (or potential firing) may violate a public policy, s/he should confer with counsel.