Employee Discipline: Massachusetts

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Lisa Stephanian Burton and Peter J. Mee, Morgan, Lewis & Bockius LLP

Summary

• The Massachusetts Fair Employment Practices Law prohibits discrimination based on multiple categories. See Massachusetts Fair Employment Practices Law.
• Massachusetts prohibits retaliation against employees who disclose or threaten to disclose certain violations of law. See Protection from Retaliation for Whistleblowers.
• Massachusetts prohibits an employer from disciplining an employee for exercising their rights under leave of absence laws. See Employee Leaves.
• Employers may not administer lie detector tests except to aid law enforcement agencies in criminal investigations. See Lie Detector Tests.
• Employers must be mindful of privacy laws when regulating off-duty conduct. See Off-Duty Conduct.
• Massachusetts law provides for certain recordkeeping requirements that may affect disciplinary matters. See Recordkeeping Requirements.
• Massachusetts recognizes the claim of false imprisonment. See False Imprisonment.
• Massachusetts requires employers to post a number of notices. See Required Postings.
• Private employers are not restricted in the same way as government employers when conducting workplace searches. See Employee Privacy, Searches and Surveillance.
• Massachusetts is a two-party consent state with regard to recording conversations. See Wiretapping and Recording Conversations.
• Massachusetts courts will enforce noncompetition agreements. See Protection of Intellectual Property - Noncompete Agreements.
• Massachusetts employers may not deduct from an employee's paycheck to compensate for damages or breakages in lieu of discipline. See Deductions from Wages.