Wrongful Termination in Massachusetts
Reviewed by DocDraft Legal Team - Massachusetts - Last updated November 12, 2026
Wrongful termination in Massachusetts means a firing that breaks a statute, such as G.L. c.151B or the whistleblower law, or a contract. Discrimination complaints go to the Massachusetts Commission Against Discrimination within 300 days after the alleged act, against employers of six or more persons. After ninety days at the Commission, or sooner with a commissioner's written assent, you may sue, but not later than three years after the practice. A discharged employee must be paid in full on the day of discharge.
Find out where you stand in Massachusetts
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What counts as wrongful termination in Massachusetts?
A firing in Massachusetts is wrongful when it breaks a law or a contract. Examples include discrimination barred by G.L. c.151B and retaliation against a private-sector whistleblower under G.L. c.149, s.185. An unfair firing is not unlawful on that basis alone, so match the facts to a specific law or contract term.
Where do you file a discrimination complaint in Massachusetts, and by when?
File with the Massachusetts Commission Against Discrimination within 300 days after the alleged act of discrimination, if your employer has six or more employees. EEOC charges (15+ employees, 20+ for age) are due within 300 days from the date of harm.
How long do you have to sue for wrongful termination in Massachusetts?
After ninety days from filing with the Commission, or sooner if a commissioner assents in writing, you may bring a civil action, but not later than three years after the alleged unlawful practice occurred (G.L. c.151B, s.9). A whistleblower suit under c.149, s.185 has two years.
When is your final paycheck due after being fired in Massachusetts?
An employee discharged from employment must be paid in full on the day of discharge, or in Boston as soon as the payroll certification laws have been complied with (G.L. c.149, s.148). If it is late, put your request in writing and keep a copy.
Massachusetts wrongful termination rules
Massachusetts pays a fired employee on the day of discharge and gives a long runway to sue. A discharged employee must be paid in full on the day of discharge, or in Boston as soon as the payroll certification laws are complied with (G.L. c.149, s.148). Discrimination complaints go to the Massachusetts Commission Against Discrimination within 300 days after the alleged act, and c.151B covers employers of six or more persons. After ninety days at the Commission, or sooner if a commissioner assents in writing, a civil action may be brought, but not later than three years after the practice occurred (G.L. c.151B, s.9). Private-sector whistleblowers have their own statute, G.L. c.149, s.185, with a two-year window to file in superior court.
Relevant Laws
G.L. c.151B, s.5 (MCAD complaint deadline)
A complaint must be filed within 300 days after the alleged act of discrimination.
G.L. c.151B, s.9 (civil action)
A civil action may follow ninety days after filing, or sooner with assent, but not later than three years after the practice.
G.L. c.149, s.185 (whistleblower protection)
An aggrieved employee may, within two years, institute a civil action in the superior court.
G.L. c.149, s.148 (final wages)
A discharged employee must be paid in full on the day of discharge, with a Boston payroll exception.
Regional Variances
Massachusetts wrongful termination rules
State agency and law
Massachusetts Commission Against Discrimination; G.L. c.151B.
Agency filing deadline
Within 300 days after the alleged act of discrimination (G.L. c.151B, s.5).
EEOC charge deadline
300 days from the date of harm (EEOC Boston office), for employers with 15 or more employees, or 20 or more for age.
Employer size covered
Six or more persons employed (G.L. c.151B, s.1).
Whistleblower and retaliation law
G.L. c.149, s.185 (private-sector whistleblowers): for a disclosure to a public body, written notice to a supervisor first, generally; civil action in superior court within two years.
Deadline to sue
After ninety days at MCAD, or sooner with written assent, and not later than three years after the practice (G.L. c.151B, s.9).
Final paycheck
In full on the day of discharge, or in Boston once payroll certification laws are complied with (G.L. c.149, s.148).
Suggested Compliance Checklist
Request your final pay in writing
Day of discharge days after startingMassachusetts requires full payment on the day of discharge, with a Boston payroll-certification exception. If it is late, send a written request for the exact amount owed.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File with MCAD
300 days after the act days after startingFor employers of six or more, file within 300 days after the alleged act. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days.
Calendar the 90-day and 3-year dates
After 90 days; within 3 years days after startingSue after ninety days at MCAD (or sooner with written assent) and not later than three years after the practice.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Massachusetts requires full payment on the day of discharge, with a Boston payroll-certification exception. If it is late, send a written request for the exact amount owed. | final-paycheck-demand-letter | Day of discharge |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File with MCAD | For employers of six or more, file within 300 days after the alleged act. An EEOC charge (15 or more employees, 20 or more for age) is due within 300 days. | - | 300 days after the act |
| Calendar the 90-day and 3-year dates | Sue after ninety days at MCAD (or sooner with written assent) and not later than three years after the practice. | - | After 90 days; within 3 years |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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