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Massachusetts Labor Law

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  • Massachusetts Labor Law



    I've been recently laid off by my employer located in Massachusetts. I've been offered a month of salary as a compensation.
    Is that a generous offer or is this the tree hiding the forest?
    In other words is that legal or can I expect more according to the Massachusetts Labor Laws?

  • #2
    Salary continuance/severance and other forms of compensation in connection with termination vary widely.

    If the employer is making the payment in connection with a release, and an employee has a claim, then the employee should think about whether s/he is getting enough in exchange for the release.

    Otherwise, unless the payment is made according to an employment or other agreement requiring the payment, there is no set formula for determining severance, and employer is not required to give any. But, if an employer does give serverance payments to its employees, they can't give different amounts to different employees on the basis of race, ethnicity, religion, etc. - ie. no discrimintation.

    The things to look at:

    1. what is common in your industry
    2. past practice of the company
    3. length of service
    4. salary
    5. position and responsibility
    6. do you have any claims of concern to the employer
    This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

    This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

    Comment


    • #3
      Barring a contract that says otherwise, Massachusetts labor law does not require severance at all.
      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.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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