Page 23 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

not mean that simply acting unfairly or meanly makes a

termination actionable. The primary situation in which it

has been applied in the employment context is where an

employee is fired just before becoming entitled to

something of value- a bonus, earned commissions, a

profit-sharing distribution or other scheduled benefit. It

could also apply if an employee is fired just short of a

vesting deadline, if the employee can establish that the

reason for the termination was to deprive him or her of

the claimed benefit.

F. Employer Obligations On 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

19| Rules of the Road