Outside Publication

Employee Discipline: Massachusetts, XpertHR Employment Law Manual

June 2014

The Massachusetts Fair Employment Practices Law prohibits discrimination based on multiple categories. Massachusetts prohibits retaliation against employees who disclose or threaten to disclose certain violations of law. Employers may not administer lie detector tests except to aid law enforcement agencies in criminal investigations. Employers must be mindful of privacy laws when regulating off-duty conduct. Massachusetts law provides for certain recordkeeping requirements that may affect disciplinary matters. Massachusetts recognizes the claim of false imprisonment. 

Massachusetts requires employers to post a number of notices. Private employers are not restricted in the same way as government employers when conducting workplace searches. Massachusetts is a two-party consent state with regard to recording conversations. Massachusetts courts will enforce noncompetition agreements. Massachusetts employers may not deduct from an employee’s paycheck to compensate for damages or breakages in lieu of discipline.

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