Page 17 - BusinessWest August 18, 2025

An employee fired for theft sued his employer after leadership
announced it to the entire staff. Even truthful statements, shared
excessively or with ill will, can spark defamation claims. A local
example: a Chicopee retailer emailed all employees, naming a
worker fired for alleged cash shortages. That email became exhibit
A in court. Limit disclosure to those who truly need to know.
Avoiding Retaliation Claims
Retaliation is the most common Equal Employment Opportu-
nity Commission claim. Firing someone after they complain about
discrimination, request leave, or raise pay concerns often leads to
lawsuits. Subtle actions can count, too — cutting hours, assigning
undesirable shifts, or excluding them from meetings.
Did Lisa report a wage issue last week? If she now gets the
worst shifts, her attorney will call it punishment. Train managers to
pause and ask: “does this look like payback?” In one Springfield res-
taurant, a server who complained about tips was fired days later for
“attitude.” The Massachusetts Commission Against Discrimination
viewed the timing as retaliation, and the case settled quickly.
Managing the Termination
Meeting Professionally
How you fire someone matters. Keep the meeting short and
calm. Speak plainly. Avoid debate. Bring a neutral witness, usually
HR. Disable system access and collect company property immedi-
ately. For remote workers, coordinate IT to end access during the
call.
Have you prepared your team to stay composed when an
employee gets angry or upset? A concise, professional exit reduces
emotion and litigation risk.
Reducing Risks Before They Occur
You can prevent most legal problems with proactive steps. Train
managers to document consistently. Encourage employees to raise
concerns early, and respond appropriately when they do.
Also, follow Massachusetts requirements: final wages and
accrued vacation must be paid promptly, sometimes the same
day. Missing or delaying a payment can trigger penalties. Review
whether your managers apply standards uniformly. Track disciplin-
ary trends by department or supervisor. In one Holyoke warehouse,
inconsistent discipline across shifts led to multiple claims that
could have been avoided with routine audits.
Quick Pre-termination Checklist
• Document the issue in writing.
• Confirm whether the employee recently exercised protected
rights (complaint, FMLA, PFML, workers’ compensation).
• Ensure similar cases were handled consistently.
• Complete a fair investigation and allow the employee to
respond.
• Prepare final pay and unused vacation in compliance with Mas-
sachusetts law.
Bottom Line
Employee terminations happen. Legal trouble does not have to.
Careful documentation, consistent actions, and thoughtful commu-
nication protect your business. Before acting, stop and ask: “have
we done this right?”
Taking these steps helps you confidently answer, “can I fire
someone for that?” That answer should never rest on guesswork. BW
Michael Lewis is an attorney at the Royal Law Firm who helps
employers resolve workplace challenges. He counsels and
defends businesses across Massachusetts and Connecticut,
handling matters involving discrimination, harassment,
retaliation, wage and hour claims, restrictive covenants, and
breach of contract. His practice includes litigation in state and
federal courts and before administrative agencies.
“You can prevent
most legal
problems with
proactive steps.
Train managers
to document
consistently.
Encourage
employees to
raise concerns
early, and respond
appropriately
when they do.”
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