Wrongful Termination

When workers are fired, laid off, or otherwise discharged for unlawful reasons, they experience wrongful termination. Massachusetts employees who face wrongful termination can seek justice under federal and state laws. If you have a problem with your employer, contact experienced wrongful termination lawyers at Gordon Law Group today by calling (617) 536-1800 or completing our online contact form.

What Qualifies as a Wrongful Termination?

Holding an employer accountable for wrongful termination in Massachusetts can be challenging. Proving that the circumstances were discriminatory or retaliatory often requires careful legal analysis.

Broadly, wrongful termination occurs when a firing, layoff, or discharge happens under unlawful circumstances. Typically, the termination qualifies as wrongful if the employer acted in a way that violates federal or state laws prohibiting discrimination or retaliation.

Several federal and state laws define unlawful discrimination or retaliation. At the federal level, employees often file claims under the following laws:

• Age Discrimination in Employment Act of 1967 (ADEA): Protects workers 40 years and older from age discrimination and retaliation related to complaints or participation in investigations and lawsuits.
• Americans with Disabilities Act (ADA): Protects employees from disability-based discrimination. Employers must provide reasonable accommodations unless it causes undue hardship. The law also prohibits retaliation for complaints or participation in investigations.
• Equal Pay Act of 1963 (EPA): Protects employees from retaliation when they raise concerns about pay discrimination or participate in related investigations.
• Genetic Information Nondiscrimination Act of 2008 (GINA): Prohibits discrimination and retaliation related to genetic information complaints or participation in investigations.
• Title VII of the Civil Rights Act of 1964 (Title VII): Protects employees from discrimination based on race, color, national origin, pregnancy, childbirth, religion, or sex. It also prohibits retaliation for complaints or participation in investigations.

Employees also receive protection from retaliation for exercising legally protected rights. For example, federal law prohibits retaliation for taking leave under the Family and Medical Leave Act (FMLA). Massachusetts law similarly protects employees under the Paid Family and Medical Leave statute.

Additionally, Massachusetts employees may assert rights under the Massachusetts Fair Employment Practices Act. This law applies to employers with six or more employees and prohibits discrimination based on:

• Age
• Color
• Disability
• Gender Identity
• National Origin
• Race
• Religious Creed
• Sex
• Sexual Orientation

If you’ve been wrongfully terminated, you can potentially seek redress at both the federal and state level.

Can Wrongfully Terminated Employees Sue?

Workers who experience wrongful termination can usually sue their employers. However, they must follow specific processes to protect their rights.

Typically, the process begins with a confidential consultation with an experienced employment attorney. The attorney can help file a discrimination or retaliation complaint with the EEOC. The EEOC investigates and may sue on the employee’s behalf or issue a “right to sue” notice, allowing the employee to proceed independently.

While the EEOC investigates, the attorney may also begin preparing a state court lawsuit. In Massachusetts, employees generally have 30 days after termination to file a lawsuit, unless an exception applies. Failing to act quickly may bar an employee from seeking compensation at the state level.

What If a Severance Offer Has Been Made?

If an employer offers severance, do not accept it until an attorney reviews your case. Severance offers usually provide only a few days to respond.

Accepting a severance agreement often requires waiving the right to sue. This means you could lose the ability to hold your employer accountable or pursue additional compensation.

Sometimes, accepting a severance offer makes sense. If proving the case would be very difficult, the offer may represent the best option. However, only an attorney can evaluate your situation and review the “fine print,” which may include terms affecting future employment or legal rights.

Top Forms of Wrongful Termination

Wrongful termination can occur in many ways, including:

1. Discrimination: Employers may fire employees based on race, gender, religion, age, national origin, pregnancy, or disability. Discrimination laws vary but often provide strong protections against wrongful termination.
2. Retaliation: Employers may terminate employees who engage in protected activities, such as reporting harassment, filing medical claims, participating in a union, or whistleblowing. Anti-retaliation laws protect both the employee and witnesses.
3. Disability Discrimination / Failure to Accommodate: Employees may face termination after requesting reasonable accommodations for a disability or injury. Disability discrimination often results in financial loss and difficulty finding future work.
4. Wage and Hour Violations: Employers sometimes fire employees who complain about unpaid wages, overtime, commissions, or prevailing wages. Such terminations violate federal and state retaliation laws.
5. FMLA Retaliation: Employers may not fire or retaliate against employees taking leave under the FMLA for their own or a family member’s medical needs.
6. Workers’ Compensation Retaliation: Employers cannot terminate employees for filing a workers’ compensation claim after a workplace injury.
7. Sexual Harassment Retaliation: Employers must maintain harassment-free workplaces. Terminating employees who report harassment or participate in investigations is unlawful.
8. Equal Pay Act Violations and Retaliation: Employers may not fire employees who raise concerns about unequal pay.
9. Genetic Information Discrimination: Employers cannot fire or retaliate against employees who complain about discrimination based on genetic information.
10. Public Policy Violations: Employers cannot terminate employees for reporting illegal activity or refusing to participate in illegal conduct.

Constructive Discharge: Sometimes, employers make working conditions so intolerable that employees feel forced to quit. This scenario counts as wrongful termination.

Connect With a Massachusetts Wrongful Termination Lawyer Today to Learn More

If you suspect wrongful termination, act quickly. Contact the experienced wrongful termination lawyers at Gordon Law Group by calling (617) 536-1800 or completing our online contact form. Our Boston employment attorneys can help protect the strength, integrity, and value of your case.