Page 8 - White Paper-Employment Termination

It is important to remember that an employee’s report of discrimination or

harassment is protected activity, even if the claim is found to lack merit, so long as

the employee believed in good faith that he or she was being discriminated against

or harassed.

This means, for example, if an employee makes a claim of sexual

harassment, and the employer investigates and determines that the behavior did not

constitute sexual harassment, the fact that the employee made the report cannot be

held against her. This means not only that she cannot be terminated for making the

report, but also that she cannot be punished in other ways, such as an undesirable

transfer or change in working schedule.

Employer Obligations Upon Termination

No matter what the reason for termination, employers have certain

obligations under Massachusetts law that are strictly enforced. These are:

• Immediate payment of all wages earned up to the time of termination. If an

employee resigns, this can be paid within six days of the last day of work,

but if they are fired, the employer should be ready with a paycheck that day.

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