When you are fired from your job, you are faced with a lot of uncertainty about your future. Often, your only option is to start applying for a new position and hope you find work quickly. However, if you were unlawfully fired from your position, an experienced Worcester wrongful termination attorney can help you file a lawsuit against your employer and recover damages.
At Duddy, Goodwin & Pollard, we put all our efforts into protecting workers. Our experienced team of Worcester employment and labor lawyers will do everything they can to ensure a positive case result. Set up your initial case consultation with a lawyer from our staff today by filling out our online contact form or giving us a call.
At-Will Employment in Massachusetts
After getting fired from your job, you may be considering filing a wrongful termination lawsuit against your employer. While this may be the right option for your case, it is critical to understand that Massachusetts is an at-will employment state. In at-will employment states, employers and employees can end a working relationship at any time, with or without cause.
When employed on an at-will basis, there are only certain conditions under which you can file a wrongful termination lawsuit.
However, working in an at-will employment state does not necessarily mean you are an at-will employee. There are several workers in the state who are employed in another manner. Common exceptions to the standard at-will employment status of most workers include:
- Public sector employees
- Union employees
- Contracted workers
Public Sector Employees
Most government employees working in the public sector do not work on an at-will basis. Anyone fired from a government job without just cause may have the right to file a wrongful termination lawsuit against their employer.
Union Employees
Workers who belong to a union have more rights than the typical at-will employee. Most collective bargaining agreements negotiated by unions include clauses that prevent termination of employment without just cause.
Contracted Workers
Workers with a contract that states a specific start and end date for their employment can typically only be fired before the conclusion of their contract under certain conditions.
Any workers with added protections beyond those available to at-will employees have a good chance of being eligible to file a wrongful termination lawsuit if they lose their employment. An experienced wrongful termination attorney in Worcester, MA, can review the terms of your employment and the circumstances of your firing to determine if you were unlawfully terminated.
For a free legal consultation with a wrongful termination lawyer serving Worcester, call (860) 999-9394
Common At-Will Employment Exceptions
There are certain conditions under which even workers who are employed on an at-will basis are protected from termination. Common wrongful termination lawsuits involving at-will employees include cases involving:
- Discrimination
- Medical leave
- Whistleblowing
- Workers’ compensation claims
Discrimination
While an employer can fire an at-will employee without any reason or simply because they do not like the worker personally, one reason they can’t fire them is as an act of discrimination. Federal law offers protection to all workers against discrimination related to age, gender, sexual orientation, race, disability, religion, or classification as a member of another protected class.
Medical Leave
It is unlawful for employers to terminate the employment of one of their workers because they took legitimate medical leave. This includes workers taking time off under the Family and Medical Leave Act (FMLA).
Whistleblowing
There are federal and state protections in place for employees who blow the whistle on unlawful conduct committed by their employers. These protections include preventing employers from retaliating against whistleblowers in the form of termination of their employment.
Workers’ Compensation Claims
When an employee is injured on the job, they can not be fired for filing a workers’ compensation claim.
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State-Specific Exceptions in Massachusetts
In Massachusetts, there are additional protections for workers against termination under various conditions.
Public Policy Exemption
The public policy exemption is common in many states and offers protection to workers acting in the best interest of the public. For example, this exemption protects employees from being fired for:
- Reporting any violations of the law
- Refusing to engage in any activity that violates state law
- Acting in the greater interest of the public
- Serving jury duty
Covenant of Good Faith
Another common exception used in Massachusetts is the covenant of good faith. This exception prevents employers from terminating the employment of workers who:
- Have a scheduled raise, bonus, or promotion coming up
- Have a large commission coming their way
- Have received positive performance reviews and have been led to believe that their job was secure
This list of good faith exceptions is not exhaustive. There are many other ways your employer could potentially violate a covenant of good faith. An experienced wrongful termination lawyer serving Worcester, MA, can help you determine whether this exception applies to your case.
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Pay Attention to the Filing Deadline When Submitting a Wrongful Termination Lawsuit
Employees who have been wrongfully terminated from their jobs only have 30 days to file a wrongful termination lawsuit in Massachusetts. Although there are exceptions to this time limit in some cases that may allow you to file later, it is still critical to take action as soon as possible.
Hiring an experienced wrongful termination lawyer as soon as possible is the best way to ensure that your lawsuit is filed on time. Your lawyer will review the details of your case to determine the exact deadline that applies and make sure all your required documents are submitted before the deadline.
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Reach Out to an Experienced Wrongful Termination Attorney in Worcester Today
Hiring an experienced attorney after being wrongfully terminated from your job is the best way to improve your odds of recovering compensation from your employer. At Duddy, Goodwin & Pollard, we know the challenges you face and will work diligently to ensure a favorable outcome in your case.
Contact us today by phone or through our website to schedule an initial case consultation with a member of our legal team.
Call or text (860) 999-9394 or complete a Free Case Evaluation form