What are the notice requirements for an employer to terminate an employee?
In Massachusetts, employers are required to provide either advance notice or payment in lieu of notice to employees when they are terminated from a job. The amount of notice required depends on various factors, including the employee’s length of service. For employees who have been in their position for more than six months, the employer must generally provide one week of notice before termination. For longer terms of service, two weeks is required. If the employee has been working in the same position for three years or more, the employer must provide four weeks of notice. In lieu of giving notice, employers may choose to provide a termination payment. The amount of the payment should be equal to the amount of wages an employee would have received if the employer had given notice. This option should only be used in certain circumstances, such as when an employee cannot be given notice without substantial economic harm to the employer. If an employer fails to provide either advance notice or payment in lieu of notice, the employee can file a claim for wrongful termination with the Massachusetts Department of Labor Relations. This could result in the employer being ordered to pay additional wages to the employee.
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