Bill > H2167

This bill amends Chapter 150A of the General Laws to provide clear definitions and guidelines for wrongful discharge from employment. The bill defines key terms like "constructive discharge" (when an employee is forced to quit due to intolerable work conditions), "good cause" (reasonable job-related grounds for dismissal), and "lost wages" (gross wages that would have been reported on a W-2). It establishes that a discharge is considered wrongful only under specific circumstances: if it is in retaliation for refusing to violate public policy, if the employee is discharged without good cause after completing a probationary period, or if the employer violates their own written personnel policy. The bill specifies that during a probationary period (which is six months by default if not explicitly defined), either employer or employee can terminate employment for any reason. If a wrongful discharge is proven, an employee may be awarded lost wages and fringe benefits for up to four years, with interim earnings and job search expenses deducted. Punitive damages may be awarded in cases of actual fraud or malice. The bill limits the scope of wrongful discharge claims, excluding those already covered by other statutes, employees with collective bargaining agreements, and preventing claims based on tort or implied contract.

Labor and Employment

https://malegislature.gov/Bills/194/H2167