Quitting, layoffs, and getting fired

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Fair Employment Project and Greater Boston Legal Services
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In Massachusetts, you have rights whether you are leaving your job by choice or because your employer fired you or laid you off. 

In this article, learn about:

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Quitting Your Job

When should I get my last paycheck?

If you quit your job, your employer does not have to pay you on your last day. Instead, you should be paid at your regular pay period. If you do not have a regular payday, you should be paid on the following Saturday. In this paycheck, you should also be paid for any unused vacation time.

When can I quit my job? Do I have to give notice?

Legally, you can leave your job whenever you want unless you have an employment contract that says otherwise. 

However, it is usually best to let your employer know ahead of time. This is called “giving notice.” Some people will give 2 weeks’ notice, but you might consider a shorter or longer notice period, depending on the type of job you have.

If I quit my job, can I get unemployment benefits?

Maybe. If you left your job because you felt you had no other choice, and you tried to keep your job before you quit, you may be able to get Unemployment Insurance (UI). For more information on unemployment insurance benefits, see Can I get Unemployment Insurance if I quit my job?

Getting Laid Off

If I am laid off, what are my rights?

If you are laid off, you have the right to get paid on your last day of work. You may also be able to get Unemployment Insurance (UI) benefits. 

If your employer has at least 100 workers, in some cases they might have to give you 60 days’ notice before any mass layoff or plant closing. If this applies to you, see more about the WARN Act.

When should I get my last paycheck?

If you are laid off, you should be paid on your last day of work. On your last day, your paycheck should include pay for any unused vacation time. 

Getting Fired

When can I be fired?

That depends on whether you are protected by a contract of some sort.

Most people do not have an individual contract with their employer that gives job protections. If you have an individual contract, the job protections depend on what the contract says. 

  • If you are protected by a union contract (collective bargaining agreement), then you should ask your union about your rights under that contract.
  • An employee manual is not usually considered a contract. Still, there are some special cases where your boss might have to follow parts of the manual as if it were a contract. 
  • An offer letter is also usually not a contract that gives job protections.

Most other people in Massachusetts are employed “at will.” That means that as a general rule, their employer can fire someone for any reason.

There are exceptions to this employment-at-will rule though. For example:

  • An employer cannot fire someone because of their race; color; age (if you are over 40); sex; pregnancy; national origin; ancestry; religion; disability; genetics; sexual orientation; or gender identity or expression.  
  • An employer cannot fire someone because they complained about illegal discrimination or stood up for their rights under the discrimination laws.
  • An employer cannot fire someone because they took certain types of leave. 

There are other exceptions to the employment-at-will rule. If possible, talk with an employment lawyer to sort this out.

Does my boss have to tell me they are going to fire me ahead of time?

Probably not.

But, If your employer has at least 100 employees, in some cases they might have to give you 60 days’ notice before any mass layoff or plant closing. If this applies to you, see more about the WARN Act.

Can I get unemployment insurance benefits if I get fired?

Maybe. If you were fired, you may be able to get UI, as long as you did not break any rules at work on purpose. For more information about unemployment insurance benefits, see Can I get unemployment insurance if I am fired?

Resource Boxes
More Resources
Massachusetts Commission Against Discrimination (MCAD)
Losing Your Job - MCAD

Contact the Massachusetts Commission Against Discrimination by calling (617) 994-6000 or filing a complaint of discrimination if:

  • you think you have been discriminated against at work, or
  • you think your employer retaliated against you for protecting your rights under the discrimination laws.
Attorney General’s Office
Losing Your Job - AG Workplace Complaint

Contact the Attorney General’s office by calling (617) 727-3465 or filing a workplace complaint if:

  • you are not getting paid the right amount,
  • you are not getting paid on time, or
  • you think your employer retaliated against you because you were protecting your rights under the wage and hour laws.
Fair Employment Project
Losing Your Job - Fair Employment Project

If you are not sure what to do, contact the Fair Employment Project at 617-902-0192. 

Materials from the Attorney General's Office
Losing Your Job - AG workplace rights materials

See the Anti-Retaliation poster and other Workplace Rights materials from the Fair Labor Division of the Attorney General's Office.

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