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Even though Massachusetts is an "at-will" employment state, meaning you can be hired or fired at the will or whim of the employer with no reason being required, verbal or written agreements between you and the employer can override or generally modify that rule. For instance, if an employer promises that you would only be fired for just cause and only after a stepped discipline approach was followed, you may have a breach of contract claim. If an employee manual is given to you that outlines rules for promotion or dismissal, those printed rules may override the state's "at-will" law. Even if the manual says that it is not to be taken as a contractual document, the court may view the document as a contract. A contract can be verbal or written and may arise from a direct promise or an implied promise. Policies, written or verbal, may be the basis for a wrongful termination claim if the "understood" rules or policies were not followed. If you have signed a contract with an employer, that contract cannot take away your protected rights against discrimination, medical leave, or other protected rights and including your right to sue for wrongful termination if such action occurred.
Law Office Of Michael O. Shea, P.C. • Attorneys At Law
The information presented in this website is not nor was it ever intended to be considered legal advice. Viewing this website does not create an attorney-client relationship. We have taken various Massachusetts and federal laws, interpreted them and written in simple English so that you can determine if there is a possibility that your rights have been violated or you have suffered some form of discrimination or other wrongful employment action. If after reading the information contained in this site you feel you have a legitimate claim, please contact our law office or an attorney of your choice for specific advice. |