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Massachusetts at-will employment exceptions

Massachusetts is at will by default, but firing someone for using a legal right or to avoid paying earned pay can be wrongful.

Last checked: · Official government sources only

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At-will rules in Massachusetts

  • Is employment at will?Yes. The Massachusetts law libraries' guide lists at will as the default, with many exceptions. Source: mass.gov↗ (opens in a new tab)
  • Public policy exceptionRecognized, but narrow. Firing someone for doing something a statute expressly allows (here a personnel-file rebuttal) was wrongful (Meehan v. Medical Information Technology, 2021). Source: mass.gov↗ (opens in a new tab)
  • Implied contract exceptionCourts in Massachusetts decide this case by case. Not confirmed from a current official source, so check with an employment lawyer. Source: U.S. BLS survey, January 2001↗ (opens in a new tab)
  • Good faith and fair dealing exceptionLimited. Firing someone in bad faith to avoid paying pay already earned, such as commissions, breaks the covenant (Fortune v. National Cash Register Co., Massachusetts SJC, 1977). (as described by the U.S. Court of Appeals for the First Circuit) Source: ca1.uscourts.gov↗ (opens in a new tab)

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Whistleblower protection

A public employer cannot fire a worker for objecting to wrongdoing, but can fire the person responsible for it (Galvin v. Roxbury Community College, Massachusetts SJC, 2026). Source: mass.gov↗ (opens in a new tab)

Penalties

No single state penalty; remedies depend on the claim. Source: mass.gov↗ (opens in a new tab)

Recent changes

Galvin v. Roxbury Community College, 497 Mass. 105 (2026): the whistleblower act protects employees who object to wrongdoing, but not those responsible for it. Source: mass.gov↗ (opens in a new tab)

The law and where to check

The law: Massachusetts common law; see Mass. Trial Court Law Libraries guide (opens in a new tab)

The agency: Massachusetts Attorney General's Fair Labor Division (opens in a new tab)

What federal law says

Federal law does not set a general rule on at-will employment, but it bars firing for many reasons, including discrimination, retaliation for complaints, taking FMLA leave, military service and union activity. Source: U.S. Department of Labor↗ (opens in a new tab)

At-will employment exceptions checklist for Massachusetts employers

A simple order of work, based on the rules above. It is not a legal checklist.

  1. Say in your handbook and offer letters that employment is at will, and avoid promises of job security.
  2. Make sure handbook wording does not create a contract (add a clear disclaimer).
  3. Never fire someone for refusing to break the law, reporting wrongdoing, or using a legal right.
  4. Write down the real, lawful reason for each firing.
  5. Check federal and state anti-discrimination and leave laws before you act.
  6. Pay final wages on time; see our final paycheck guide for your state.

More Massachusetts employment law guides

At-will employment exceptions laws in other states

See every state on one page, or pick a state:

Sources

All official government sources, last checked October 19, 2026.

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.

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