Fired in Massachusetts: How to Tell if You Have a Legal Case.

It is incredibly frustrating to feel like you were let go for the wrong reasons, especially in a state like Massachusetts where “at-will” employment can feel like the deck is stacked against you.

When you tell friends what happened, they’ll almost certainly call it “wrongful termination.” But in the legal world, there is a massive difference between a firing that is unfair and one that is illegal.

Here is a breakdown of how to tell the difference and what you can actually do about it.

The “At-Will” Reality in Massachusetts

Most people in Massachusetts are “at-will” employees. This means that unless you have a specific union agreement or a signed employment contract, your boss can fire you for almost any reason—even a bad one. They can fire you because they don’t like your personality, because they’re having a bad day, or for no reason at all.

However, “at-will” is not a blank check for abuse. There are “legal lines” an employer cannot cross.

When a Firing Crosses the Line

Under Massachusetts law, a termination is generally only unlawful if it violates a specific statute or a “clear public policy.” This includes:

• Discrimination (Chapter 151B): Firing you because of your race, religion, gender identity, age (over 40), or a disability.
• Retaliation: Letting you go because you reported sexual harassment, complained about unpaid overtime, race age or gender discrimination, or filed a whistleblower report.
• Leave-Related Issues: Firing you because you requested or took time off under the PFML (Paid Family and Medical Leave) or FMLA.
• Public Policy: Firing you for doing something the law requires (like jury duty) or refusing to do something illegal for the company.

Just Because It Was “Wrong” Does Not Mean It Was “Illegal”

This is the hardest part for many people to process. You might have a “wrongful” termination in your heart, but not in a courtroom.

The Lawyer’s Role: Part of our job is to look at the “unfair” parts of your story and see if they are actually evidence of an “unlawful” motive. For example, if you were fired for a “mistake” right after you announced a pregnancy, that might be pretext (a cover-up) for actual unlawful discrimination.

The “300-Day Clock” is Ticking

If you believe your termination involved discrimination or retaliation, you cannot wait. In Massachusetts, you generally have 300 days from the date of the incident to file a complaint with the MCAD (Massachusetts Commission Against Discrimination).

If you miss that window, you likely lose your right to sue in court later. This is one of the strictest deadlines in local law.

Practical Steps to Take Right Now

If you’ve just been let go, don’t panic, but don’t stay idle either.

Document Everything: Write down the “who, what, where, and when” of your termination meeting while it’s fresh. Note any witnesses.

Look for Patterns: Did something change in the months before you were fired? Did you recently ask for an accommodation or report a problem?

Don’t Sign Immediately: If you are offered a severance package, you are usually giving up your right to sue in exchange for that money. Take the document home. You have the right to have an attorney review it before you sign away your rights.

Keep Your Paperwork: Save your offer letter, employee handbook, and any performance reviews you have access to.

How Greene & Hafer Can Help

At Greene & Hafer, we specialize in helping Massachusetts employees navigate this exact crossroad. We don’t just tell you the law; we help you figure out if you have a path forward.

We can help you evaluate if your severance offer is fair, represent you in front of the MCAD, and ensure that a “bad day at the office” doesn’t cost you your legal rights.