Massachusetts Termination - What Documents to Provide?

14Riley · April 2004

I am having trouble finding specific info on what needs to be provided to an employee who is terminated (either willful or otherwise). Other than COBRA, are there any other documents that need to be given to the terminated employee?
Thanks!

Betty I_O · April 2004

Welcome to the best (and liveliest) HR exchanges you will find anywhere!

In general: Discharged MA employees must be paid in full on the day of the discharge. Employees who quit or resign must be paid in full on the following regular payday (in the absence of a regular payday, they must be paid on the following Saturday). Sales representatives must be paid commissions within 14 days of the date they become due, and deceased employees' wages may be paid to the surviving spouse, adult child, or parent after 30 days if no probate administration has been filed.

You also need to supply every terminating employee with the MA DET pamphlet entitled "How to File for Unemployment Insurance Benefits."

Massachusetts also follows the requirements of the Federal WARN Act, which imposes restrictions on the way layoffs are handled (applies if you have 100 or more employees and are doing a mass layoff).

It is our internal practice for benefits for which there are conversion privileges, such as life insurance, to give the employee that information at the same time they receive their COBRA and DET materials.

14Riley · April 2004

Thanks for the information, Betty. Not that I doubt your information, but can you point me to the source of it? Is there a specific location on the DETMA or the mass.gov website for instance?

BTW: I am enjoying reading all of the posts. There certainly are some "interesting" topics discussed here.

Betty I_O · April 2004

We rely on our Employers Association (Employers Association of the Northeast @ [url]www.eane.org[/url]) and our labor attorneys for the most up to date information. (The combined experience of the HR professional staff in my organization is over 75 years--and after you've handled enough of these situations, the laws become ingrained!)

cherylhr · April 2004

Hi! I recently asked and paid our wage and labor attorneys in Mass. for the answer to your question. I knew Mass laws were sticky, so I felt it necessary to pay for the correct answer. Besides offering COBRA, you have to give them an a document called "Your Right to Unemployment." It basically tells them they have a right to apply for unemployment wages. This document can be sent with the termination letter. It is to be used for resignations as well.

Hope this helps.

Massachusetts Termination - What Documents to Provide?

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