Company restructuring and layoffs in Massachusetts are frequent and common. This is particularly true in technology, biotechnology, health care and pharmaceutical companies. If you are laid off, here are the four things your employer in Massachusetts must do:
1. Pay Your Final wages and any Accrued Vacation Pay on Your Last Day
- The Massachusetts Wage Act requires that if you are laid off, you are paid off your final wages and vacation pay on your separation date.
- Employees who are paid even one day late may have a claim under the Massachusetts Wage Act for treble (3x) the amount, and their attorneys’ fees.
- If you have questions around your final pay, we are here to help. Please contact us at 617-936-1580 or at [email protected].
2. Comply With Any Terms of Your Employment Offer/Contract
- Many employees have an employment offer or contract that provide them with contractual rights.
- Employment contracts may have notice provisions in the event of a layoff. In addition, the employer may have waived certain repayment rights in the case of a layoff, such as for relocation costs or a sign on bonus.
- We review employment offers and contracts for employees who have been laid off. It’s important to understand your rights.
- Please call us at 617-936-1580 or contact us if you have questions about your rights under any employment offer or contract.
3. Provide you with a COBRA Notice
- If you were on the company’s health insurance benefits plan, your employer is required to provide you with a COBRA notice. This notice informs you of your rights to continue your health care benefits.
4. Inform You of Your Right to Unemployment Insurance
- If your employer laid you off in Massachusetts, they should provide you with a notice of your right to file for unemployment insurance.
- Employees who are laid off in Massachusetts have the right to file for unemployment insurance.
If you have concerns about your lay-off, severance agreement or your legal rights following a lay-off or restructuring, our skilled attorneys can help. Please contact us at 617-936-1580 or at [email protected] if you have questions. We are here to help.
The Not So Fine Print:
Every case has unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here and this isn’t intended as legal advice. Keep in mind that it is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a full-blown crisis.