What rights do non-union employees have when they are laid off or fired?
Massachusetts law requires that the employer give laid-off and fired employees all wages owed.
When must final wages be paid?
If the company lets the employee go, the employee must be paid on his or her last day, not during the next pay cycle. If the employee gives notice, the company can wait until paychecks are cut or directly deposited during the normal course.
Is accrued vacation time paid out?
Laid-off and fired employees are entitled to all vacation time that has accrued but has not been used. Vacation time that has been earned is considered salary in Massachusetts and must be paid out when the employee is let go, not on some future date. Many companies these days have “lose it or use it” policies around vacation, so at the end of the calendar year, if the employee hasn’t used all of the accrued vacation days, the employee loses the time. In this way, companies can legally limit how much vacation time must be paid out when the employee leaves the company.
What unemployment and health insurance information must employers provide?
Before laid-off and fired employees leave the company, they must be given a brochure on how to file for unemployment benefits in Massachusetts. The company must also notify the employee of their rights to continue health insurance coverage. This is typically done after the employee leaves, when the employer or a benefits provider sends out a “COBRA notice” that explains the employee’s rights to continue their health insurance coverage.
Can employment contracts or other agreements change these rights?
Depending upon an employee’s situation, he or she may have additional rights or obligations. Employment contracts, employee handbooks, and other documents signed, such as non-solicitation agreements, non-competition agreements, or confidentiality agreements, may provide for either additional rights or obligations on the part of the employee. Employees who have been laid off or fired should take into consideration any documents or contracts they have signed before, during, or after their employment. Depending upon the situation, an employee or his or her attorney may be able to negotiate additional benefits upon leaving a position, which may include severance pay.
Were You Misclassified as an Independent Contractor?
Some workers are treated as independent contractors when the law says they should have been employees. Misclassified workers can lose out on wages, benefits, and the protections described above.
Who can bring a misclassification claim?
Workers who can show they should have been classified as employees can bring a claim under the Massachusetts Independent Contractor Law.
What damages can you recover?
A worker can ask the court to award damages, which may include the wages and benefits they would have received as an employee.
Why can misclassification claims be worth significant amounts?
These amounts can add up quickly. A judge must triple the damages if the worker wins at trial and must also award attorney’s fees. If you work as an independent contractor, you may have a claim.
How long do you have to file a claim?
Please keep in mind that there are very short time frames for filing claims. For instance, Massachusetts has a 300-day statute of limitations for discrimination and sexual harassment claims. An employment lawyer can advise you on whether you have any claims and the time frame for filing. If you believe that you have a wrongful termination claim or you have been subjected to a hostile environment at work, you shouldn’t wait to contact an attorney.
Talk to a Boston Employment Lawyer
Individual situations vary. If you need employment advice, please call Boston, Massachusetts employment lawyer Maura Greene at 617-936-1580, or contact our law office online here.
Attorney Maura Greene brings exceptional credentials and recognition to employment law. She holds the prestigious AV rating from Martindale-Hubbell, the highest distinction available to individual attorneys, reflecting superior legal ability and ethical standards. Since 2013, she has earned consistent selection to the Super Lawyers list, recognizing her as among the top employment attorneys in Massachusetts. Maura’s expertise is regularly sought by leading publications, including the Boston Globe, Massachusetts Lawyers Weekly, and the Worcester Telegram and Gazette, where she provides authoritative commentary on employment law matters.
The Not So Fine Print:
Every case has its 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. It is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a crisis.