Employee Relocation Agreement
(MA)

Summary

This template is an employee relocation agreement that may be used by Massachusetts employers who want to provide relocation assistance to an employee. This template includes practical guidance, drafting notes, and an alternate clause. This template is intended for private employers Its language complies with Massachusetts and federal law. It does not differ from the non-jurisdictional Employee Relocation Agreement, except that it contains practical guidance, drafting notes, and alternate and optional clauses that address issues under both Massachusetts and federal law. In any case, it is important to set clear policies regarding relocation agreements and terminations that could trigger the employee's obligation for repayment. For example, you should be careful not to subtract money owed by the employee from their compensation. Massachusetts has a very employee-friendly Wage Act. Mass. Gen. Laws ch. 149, § 148. Violations of the Wage Act result in automatic treble damages and an employee can recover attorneys' fees and costs. Mass. Gen. Laws ch. 149, § 150; Rosnov v. Molloy, 460 Mass. 474, 479 (2011) (recognizing that treble damages are mandatory). Massachusetts courts have cautioned against withholding an employee's earned wages. Camara v. Attorney General, 458 Mass. 756, 760 (2011). For more information on relocation expense agreements, see Relocation Agreements: Drafting, Negotiation, and Legal Issues. For an expense policy for use by Massachusetts employers, see Expenses Policy (MA).