Massachusetts — Termination

Massachusetts requires employers to pay discharged employees in full on the day of discharge. Employees who voluntarily leave their employment must be paid in full on the following regular pay day or, if there is no regular pay day, on the following Saturday. The statute defines "wages" to include "any holiday or vacation payments due an employee under an oral or written agreement," so accrued but unused vacation time must be included in the final paycheck and paid according to the same timing rules. The Wage Act imposes strict liability for late payment. Even one-day delays trigger mandatory treble damages, attorneys' fees, and costs under M.G.L. c. 149, § 150, regardless of the employer's intent or whether payment is made before a lawsuit is filed.

Source: M.G.L. c. 149, § 148 | M.G.L. c. 149, § 150

Massachusetts employers facing mass layoffs or plant closings must comply with the federal Worker Adjustment and Retraining Notification (WARN) Act. Under 29 U.S.C. § 2102(a), covered employers (those with 100 or more full-time employees or 100 employees working a combined 4,000 hours per week, excluding part-timers and those employed fewer than six of the preceding twelve months) must provide 60 days' advance written notice before a covered plant closing or mass layoff. The notice must go to affected employees (or their union representatives), the state dislocated worker unit, and the chief elected official of the local government.

Federal WARN triggers and definitions

• Plant closing: A permanent or temporary shutdown of a single site of employment or operating unit resulting in an employment loss for at least 50 full-time employees during a 30-day period (29 U.S.C. § 2101(a)(2)).
• Mass layoff: An employment loss at a single site during a 30-day period for (1) at least 500 employees, or (2) 50–499 employees, if they make up at least 33% of the active workforce at that site (29 U.S.C. § 2101(a)(3)).
• Employment loss: Termination (other than for cause, voluntary departure, or retirement), a layoff exceeding six months, or a reduction in hours of more than 50% in each month of any six-month period (29 U.S.C. § 2101(a)(6)).

The WARN Act contains exceptions for faltering companies, unforeseeable business circumstances, and natural disasters (29 U.S.C. § 2102(b)).

Massachusetts Plant Closing Law reporting obligations

Massachusetts has a separate plant-closing statute (M.G.L. c. 151A, §§ 71A–71G). Under § 71B(a), every employer closing a "facility" (defined in § 71A as a plant, factory, commercial business, hospital, or other place of employment with 50 or more employees during any month of the six months prior to certification) must promptly report the closing to the commissioner of the Department of Career Services. The commissioner then certifies whether a plant closing has occurred or will occur if at least 90% of the facility's employees have been or will be permanently separated within six months. The statute provides for additional support, such as reemployment assistance and temporary health insurance continuation (see §§ 71F, 71G), but the core current statutory obligation is to report covered closings to the commissioner.

Practical enforcement, state benefits, and funding implementation are not addressed in the cited statute text, and there is no known primary-source authority confirming that the law is unfunded or enforcement suspended as of this writing.

Source: 29 U.S.C. § 2102) | 29 U.S.C. § 2101) | M.G.L. c. 151A, § 71A | M.G.L. c. 151A, § 71B

Under the Massachusetts Wage Act (M.G.L. c. 149, § 148), earned commissions must be included in a discharged employee’s final pay if those commissions are both “definitely determined” and “due and payable” at the time of separation. For an involuntary discharge, these amounts must be paid on the same day as termination. For a voluntary resignation, the payment is due on the next regular payday or, if there is no regular payday, on the following Saturday.

When is a commission “definitely determined and due and payable”?

• “Definitely determined” refers to commissions that are arithmetically calculable, based on completed work and the terms of the commission plan. This means all data needed to calculate the commission (such as sales figures and applicable rates) must be in hand.

• “Due and payable” generally means all contingencies and requirements under the commission plan (such as customer payment or delivery of goods) have been met. Commissions that are still subject to further approval, customer payment, or discretionary reduction are not “due and payable” for Wage Act purposes. Otherwise, once a commission is earned, calculated, and no longer subject to meaningful conditions, it must be paid at final separation under the same strict time frames as any other wages.

Both the Massachusetts Appeals Court and the Supreme Judicial Court have confirmed that employers cannot impose post-termination conditions (such as continued employment) that defeat the statutory right to earned commission wages. Attempts to delay or withhold commission wages that are already definitely determined and due and payable can trigger mandatory treble damages and attorneys’ fees, as with other Wage Act violations.

The Massachusetts Attorney General’s published guidance affirms that commissions must be paid promptly as wages if the statutory criteria are met, and that unlawful withholding is subject to strict liability.

Source: M.G.L. c. 149, § 148

Massachusetts noncompetition agreements are governed by the Massachusetts Noncompetition Agreement Act, M.G.L. c. 149, § 24L, which applies to non-competes entered into on or after October 1, 2018.

Enforceability requirements:

• The agreement must be in writing, signed by both employer and employee, expressly state the right to consult counsel, and be provided either by the formal offer or at least 10 business days before employment begins (§ 24L(b)(1)-(4)).
• If entered after employment starts, it must be supported by fair and reasonable independent consideration beyond continued employment (§ 24L(b)(2)).
• Non-competes must be no broader than necessary to protect the employer’s legitimate business interests—trade secrets, confidential information, or goodwill (§ 24L(b)(3)).
• Maximum duration is 12 months post-employment, unless the employee breached fiduciary duty or stole employer property (then up to 2 years) (§ 24L(b)(4)).
• Geographic scope and restricted activities must be reasonable and aligned with the employer’s actual business (§ 24L(b)(5)).
• The agreement must provide either “garden leave” pay—at least 50% of the employee’s highest annualized base salary during the restricted period—or other mutually agreed consideration (§ 24L(b)(7)).

Who cannot be bound: Non-competes are unenforceable against FLSA non-exempt (hourly) workers, undergraduate/graduate students in internships, employees under 18, or those terminated without cause or laid off. (§ 24L(c)).

Note: Certain other professions (including lawyers) have separate statutory or professional exclusions outside § 24L, but these are not detailed in the Noncompetition Agreement Act itself.

Source: M.G.L. c. 149, § 24L | Mass. AG summary

Massachusetts law requires employers to pay all final wages “in full on the day of [the employee’s] discharge,” unless the employee “requests in writing to be paid in a different manner.” (M.G.L. c. 149, § 148). The statute does not distinguish between on-site and remote workers and does not expressly specify physical delivery, direct deposit, or mailing as permissible methods. The key legal requirement is that payment be completed—received by the employee—by the statutory deadline, regardless of the employee’s work location.

Default rule (statutory silence on method):

• If the employee does not make a written request for an alternative delivery method, employers typically provide a check or cash in person on the day of discharge to ensure immediate payment. For remote employees, timely payment often requires either direct deposit (if previously authorized in writing) or rapid physical delivery such as overnight mail. Payment is not deemed made until wages are actually received by the employee.

Direct deposit:

• Employers may pay wages and final pay via direct deposit if the employee has voluntarily authorized direct deposit in writing. For remote workers, this is generally the safest option for timely payment. If direct deposit is not authorized, the employer must provide payment by another method that ensures receipt by the statutory deadline.

Mailing checks to remote employees:

• Mailing a final paycheck is not directly addressed in the statute. The Massachusetts Attorney General’s Wage Act guidance warns that payment is not considered made until wages are actually received. Delay caused by mail delivery does not excuse the employer. If choosing to mail a check to a remote employee, use overnight or tracked delivery to reduce risk, but liability for late payment attaches if the employee does not receive wages by the legal deadline.

Employee-requested alternative delivery:

• If the employee makes a written request for an alternative delivery method, the employer may comply. However, strict liability for late payment remains.

Because the statute is silent on the specifics of delivery method but imposes strict deadlines, employers should use direct deposit where authorized or ensure physical checks are actually received (not just sent) by the employee on time—especially for remote employees. Failure triggers treble damages and attorneys' fees under M.G.L. c. 149, § 150.

Source: M.G.L. c. 149, § 148 | Mass. AG Wage & Hour FAQ