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  • questioning termination Massachusetts

    I was "let go" on Thursday. I wasn't expecting this at all. According to employer I was not performing at a level required to move the business forward. I was offered a minimal severance package for 5 1/2 years of service and vacation time was paid out at 8 days rather than the 15 I was eligible for. My last perfromance review dated 2/06, netted a 10% increase.
    I was also reponsible for moving the company to a different location two weeks ago and was very successful. I want to make sure I have been treated fairly. But, it was very sudden and there was never a disciplinary process.

  • #2
    Thank you for sharing your story. Do you have a legal question? If so, what is it?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Assuming you do not have valid employment agreement and/or are not a member of a union, then unless you were "let go" for some reason prohibited by law (gender, race, age, etc.) your termination was perfectly legal. Whether it was fair or not is irrelevant.

      Moreover, even if the employer has a progressive discipline policy, there is nothing that mandates that they follow it.

      Additionally, no law requires an employer to pay any severance at termination. It is my understanding that accrued vacation must be paid at the time of termination, thus I must assume that you accrued only eight (8) days of the fifteen (15) you were eligible for under the policy. If I am incorrect, others will offer the correct information.

      Do you believe the reason provided for your termination was pretextual?

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      • #4
        Can they legally let me go without notice {lack of a disciplinary process} and for little reason?

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        • #5
          Yes, they can.
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

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          • #6
            RJC, I was told that they were going to wait 2-3 months before posting for a new employee that would take over my position, who would be more qualified.

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            • #7
              I don't see how that last piece of information makes a difference. There is nothing in your post that would hint that you were discharged for any illegal reason.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Nothing in the law requires that you receive any warnings, notices, or other disciplinary action before you can be let go.

                MA law only requires that you be paid what vacation or PTO you have already accrued at the time your employment ends; not what you would have had available to you for the remainder of the year. Pro-rating is perfectly legal.

                Although MA is one of the very, VERY few states that ever requires severance, it is not required in the situation you describe.

                When they post for your position is irrelevant. They don't have to post it at all. It does not affect the legality of your termination.

                In other words, you have described nothing to suggest that any laws have been violated or anything that would give you legal recourse. File for unemployment, look for other work, and move on.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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