Question:
My manager wants to fire an employee this month and plans to rely only on the “at-will” rule. I’m not sure that’s safe, aren’t there exceptions? Can you explain?

Answer:
Yes, you’re right to be cautious. In Massachusetts, like in most states, the general rule is that jobs are “at will.” This means an employer—or an employee—can end the job relationship at any time, for any reason or no reason at all, unless there’s a contract that says otherwise (like a union agreement).

But there are some important exceptions to this rule that protect employees. These are known as public policy exceptions and have been created by Massachusetts courts and laws. These protect employees from being fired in situations that go against public interest.

Here are key examples of when an at-will employee cannot be fired:

1. For using a legal right (like filing a workers’ comp claim)
2. For helping with a government investigation
3. For doing a public duty (like jury duty or military service)
4. For refusing to do something illegal for the employer

However, these protections don’t apply just because a firing feels unfair or seems unethical. For example, firing someone for personality clashes or poor performance is usually allowed—unless the reason also violates a law or clear public policy.

There are also statutory exceptions—rules made by lawmakers. These include protections for employees in situations like:

· Being part of a protected class under discrimination laws
· Reporting illegal activity (whistleblowing)
· Being protected by laws against retaliation (like MPFMLA, wage laws, or workers’ comp rules)

If an employee is fired in violation of one of these laws, they can take legal action—even if the employer claims the firing was “at-will.”

Examples from real Massachusetts cases include:

· Someone being fired after filing a wage complaint
· An employee let go for refusing to lie during a government investigation
· A worker terminated for performing a legal duty, such as reporting child abuse

Bottom line for HR:

Employers should always give a clear reason for why someone is being let go. This helps avoid confusion and lowers the chance that the employee will claim they were fired for an illegal reason. If no reason is shared, the employee may assume the worst and believe the termination happened for a protected or unlawful reason. That’s why it’s important to be clear and cautious—especially with the many exceptions to the at-will rule.

AIM members with questions about the at-will doctrine or any other HR matter may reach out to the AIM HR Helpline at 800-470-6277 or Helpline@aimnet.org.