Termination Letter
(MA)

Summary

This employment termination letter is intended for private employers. Its language has been customized to comply with federal and Massachusetts law. It includes practical guidance, drafting notes, and optional clauses. Unless a contract of employment or a collective bargaining agreement provides otherwise, the employment relationship is at will. At will employees need not be given a reason for termination. Therefore, a letter of termination is not required. If the employer chooses to send a letter with reason for termination, the letter should simply and accurately state the reasons, align with the employer's policies and practices, and avoid language that may imply violations of law. Be careful on the reasons provided because if a lawsuit is brought by the employee and the employer states in defense a reason that is not included in the letter, the reviewer may deem the reasons to be pretextual. For information on drafting an employee termination letter, see Termination Letter Drafting Checklist. For information on state law separation pay requirements, see the Pay Timing, Frequency, Methods, and Deductions column of Wage and Hour State Practice Notes Chart. For state-specific separation agreements, see Investigations, Discipline, and Terminations State Expert Forms Chart. For information on state-specific laws concerning termination notice obligations, see the Termination Notice Obligations column of Investigations, Discipline, and Terminations State Practice Notes Chart and the Posting and Notice Requirements column of the Wage and Hour State Practice Notes Chart. For a full listing of key content covering departing employees, see Departing Employees Resource Kit.