Massachusetts Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (Massachusetts)
- Avg cost to draft an Employment Contract: $780.00
- Avg cost to review an Employment Contract: $430.00
- Lawyers available: 66 Massachusetts employment lawyers
- Clients helped: 52 recent employment contract projects in Massachusetts
- Avg lawyer rating: 4.9 (17 reviews)
What is a Massachusetts Employment Contract?
A Massachusetts employment contract is a legally binding agreement entered into by an employer and an employee. This agreement lays out the specific rights and obligations of both parties throughout the employment relationship. Employment contracts are most commonly used when hiring high level permanent employees, but can also be used when hiring temporary employees, contractors, and subcontractors.
Like many other states, Massachusetts is an “at-will” employment state. At will means that both the employer and an employee can end the working relationship at any time for any reason without notice. This puts the employee at a disadvantage because an employer does not need cause terminate a worker.
An employment contract is one way that an employee can protect their job and ensure that if they are fired, it was for a just reason. When an employment contract is executed in Massachusetts, the employee is no longer an “at will” employee. They are now considered a “contract employee”.
Are Employment Contracts Enforceable in Massachusetts?
Yes. Employment contracts are enforceable in Massachusetts. When an employer and an employee enter into a written and signed employment contract, both parties will be held to the terms of the contract. The contract will address like:
- Job duties
- Salary
- Benefits
- Time off and vacation
- Company policy
- Disciplinary procedures
- Reasons for termination
If an employer fires a contract employee without a reason or does not adhere to the terms and conditions of the agreement, the employee may be able to sue for damages. On the other hand, the employer has the same rights so the employee must adhere to the contract as well.
What Are the Legal Requirements for Massachusetts Employment Contracts?
The legal requirements for Massachusetts employment contracts are governed by Massachusetts labor and industry laws. Employment contracts should be written and signed by both parties, however; Massachusetts will recognize oral and implied employment contracts.
An oral contract is a contract that was negotiated between the parties but never put in writing. An implied contract is when a contract is created based on the conduct and actions of both parties. These types of contracts are harder to prove but are still legally binding.
Types of Massachusetts Employment Contracts
There are several types of enforceable employment contracts used in Massachusetts. The type of contract will vary based on the job and the type of employee being hired to complete the work.
Many employers will also have employees sign restrictive employment contracts like non-disclosure agreements and non-compete agreements which are legal and enforceable in Massachusetts under certain circumstances.
Restrictive employment agreements are subject to specific limitations. The goal of these laws is to balance protection for the employer without creating an undue hardship on the employee.
Common types of employment contracts include:
- Permanent employment contract. This contract is used when hiring permanent employees. It will include information like job duties, salary, benefits, and reasons for termination. This contract will turn an “at will” employee into a “contract employee”.
- Non-disclosure agreement (NDA). A restrictive employment contract that prohibits employees from sharing confidential company information. This is often used to protect trade secrets or customer lists. Massachusetts will enforce an NDA.
- Non-compete agreement. A restrictive clause that limits an employee’s ability to work for a competitor of the company before and after employment. Non-compete agreements are enforceable in Massachusetts but must abide by certain conditions laid out in Massachusetts law.
- Non-solicitation agreement. Prevents employees from soliciting customers or other employees after employment. This clause will be enforced in Massachusetts.
- Independent contractor employment contract. Sometimes, workers that companies hire are not considered company employees but instead an independent contractor. Independent contractors are subject to different laws and rights than regular employees.
Frequently Asked Questions
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Meet some of our Massachusetts Employment Contract Lawyers
September 15, 2025
Paula C.
DACC Law is a general practice client-centered law firm. I am a Partner in DACC and have been proudly serving clients across Massachusetts since 1997. With over 25 years of legal experience I have a built a reputation for trust, results-driven advocacy across a wide range of practice areas including contract law, personal injury, estate planning, workplace issues, and real estate. At the heart of my practice is a client-centered approach -- one that values clear communication, responsive service, and practical legal solutions tailored to each individual's needs. Whether helping a family protect their future through thoughtful estate planning, representing someone injured due to negligence, or guiding clients through complex workplace or property matters, I bring deep legal knowledge and personal attention to every case. If you're looking for a seasoned Massachusetts attorney who combines experience with empathy, and strategic insight with strong advocacy, I am here to help.
Sean D.
After 15+ years at leading firms in Silicon Valley, Boston, and DC, I started Supernova Law to partner with the clients who inspire me most—start-ups, mission-driven companies, B-Corps, and non-profits. My goal is simple: provide accessible, affordable, high-quality legal support to innovators creating positive change for our society. At Supernova Law, your vision and values come first.
October 24, 2025
Kevin S.
Over 10 Years of Litigation and Transactional experience.
Sean W.
Sean is an accomplished legal counsel with more than 10 years of experience providing assistance to individuals and companies of different sizes, from startups to Fortune 500s. He has been involved with various industries including biotechnology, consulting, healthcare, finance, hospitals, industrial manufacturing, pharmaceuticals, retail, software, and sports. He has been a key legal advisor and strategic business partner to senior leaders and stakeholder management, advising on a broad range of legal, contractual, corporate, and regulatory compliance matters on behalf of leading organizations in the U.S. and abroad.
John P.
specializes in corporate governance, data privacy, intellectual property, and employment law. A former VP of Legal & Compliance and interim CFO, he has led legal operations across fundraising, acquisitions, and data privacy initiatives.
March 5, 2026
Matthew R.
Matt Rubner is a Florida and Massachusetts licensed attorney. His practice focuses on estate planning, prenuptial and postnuptial agreements, and civil litigation, with an emphasis on providing clear, practical legal guidance tailored to each client’s specific circumstances. Matt works with individuals and families to create thoughtful estate plans that protect assets, avoid unnecessary probate complications, and ensure that a client’s wishes are clearly documented. His estate planning services commonly include revocable living trusts, wills, powers of attorney, healthcare directives, and guidance on properly funding trusts and coordinating beneficiary designations. He also regularly advises clients on prenuptial and postnuptial agreements. Matt approaches these matters with a practical and balanced perspective, helping couples create agreements that clearly define financial expectations while preserving fairness and transparency for both parties. In addition to his transactional work, Matt maintains an active litigation practice and represents clients in a variety of civil matters. His litigation experience gives him a strategic perspective when drafting agreements and estate plans, allowing him to anticipate potential disputes and structure documents in a way that reduces future conflict. Matt represents clients in both Florida and Massachusetts and frequently works with individuals who have assets, businesses, or family connections in multiple states. He focuses on making the legal process straightforward, efficient, and understandable so clients can make informed decisions with confidence.
July 7, 2026
Matthew B.
I am a Massachusetts attorney with an MBA and approximately six years of experience advising closely held businesses, business owners, and individuals on contracts, corporate transactions, commercial real estate, and day-to-day business legal issues. My practice focuses on helping clients draft, review, negotiate, and understand agreements that support their business goals while identifying practical legal and financial risks before problems arise. I assist clients with matters including business purchase and sale agreements, commercial leases, independent contractor agreements, confidentiality agreements, operating agreements, entity formation documents, corporate governance materials, and outside general counsel support. I also bring many years of litigation experience involving contract, business, real estate, construction, and ownership disputes, which I believe helps me review agreements with an eye toward clarity, enforceability, and avoiding future disputes. My goal is to provide practical, responsive, and business-minded legal guidance to small businesses, entrepreneurs, and individuals who need clear answers and well-drafted documents without unnecessary complexity.
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Employment Contract
Georgia
Can a company withhold a performance bonus if I leave before the payout date?
I recently resigned from my job, and in my employment contract, there was a provision for a performance bonus to be paid out at the end of the year. However, the payout date is a few months away, and I am concerned that the company may try to withhold the bonus since I am no longer employed with them. I want to know if they have the legal right to do so, or if I am still entitled to receive the bonus based on my performance during my time of employment.
Jerome L.
This is a great—and very common—question. Whether the company can legally withhold your performance bonus after resignation depends heavily on how your employment agreement is written and how the bonus is classified. Key Factors to Consider: 1. Is the Bonus Discretionary or Earned? If your contract defines the bonus as discretionary, the employer generally has the right to decide whether to pay it and can condition it on continued employment. If the bonus is based on meeting specific performance goals or metrics, and those have been satisfied, it may be considered earned—even if the payment date is in the future. 2. Does the Contract Require You to Be Employed on the Payout Date? Many agreements include language stating the employee must be actively employed on the bonus payout date. If such a clause exists, the company may be within its rights to withhold the bonus, even if the performance was completed. 3. What Is the Bonus Period? If your bonus was based on a performance period that has already ended (such as a calendar or fiscal year), and you met your goals, you may have a stronger case for claiming the bonus as earned compensation. Georgia-Specific Note: In Georgia, employment is at-will, and courts generally uphold the terms of a written employment agreement. However, Georgia courts have also recognized that earned wages (which can include bonuses if not discretionary) must be paid. If the bonus is performance-based and the company has paid similar bonuses under the same conditions in the past, you may have grounds to assert that the payment is owed. What You Can Do: Review your employment agreement and any bonus policy documents closely. Look for phrases like “discretionary,” “earned,” and “must be employed on the payout date.” If the language is unclear, you may want to consult an attorney to evaluate whether the company is legally permitted to withhold the bonus—or if you may have a claim based on how the bonus was structured and earned. If you would like help reviewing your agreement, I’d be happy to assist.
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What's personal leave in an employment contract?
I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.
Jeffrey K.
Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.
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Georgia
I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.
Can I get more on my severance since I was let go after complaining about discrimination to my employer?
Donya G.
That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon
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Are employment contracts confidential?
I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.
Donya G.
Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon
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What is fixed term employment contract?
I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?
Michael M.
This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term
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