Massachusetts Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (Massachusetts)
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- Lawyers available: 66 Massachusetts employment lawyers
- Clients helped: 52 recent employment contract projects in Massachusetts
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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
John M.
John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.
"Thank you John, I appreciate your very personal effort with quality and practicality in mind."
Bruce H.
Experienced patent attorney supporting a variety of technologies.
"Smooth and straightforward provisional filing, even as a foreign-based inventor. Clear communication and prompt filing. Highly recommended."
June 3, 2024
Colin M.
Experienced attorney with a substantial history of crafting, evaluating, and bargaining multimillion-dollar commercial and government contracts across diverse sectors, encompassing the US Army, DoD contractors, employee benefits, NASDAQ, Pharmaceuticals, and Finance.
Mark L.
I worked in the Intellectual Property Group at Fidelity Investments for almost 25 years, including managing the group from 2017-2021. I managed and developed the same high-performing group of three legal professionals from 2007-2021. Early in my career at Fidelity, I focused primarily on trademark matters, including trademark searching and clearance, as well as enforcement of trademark rights. In fact, I created Fidelity's trademark and brand protection programs and advanced them over more than two decades, eventually bringing the domestic trademark portfolio in-house and realizing savings of well over $2 million in outside counsel expenses for searching, prosecution and maintenance of US registrations from 2008-2021. Fidelity put me through law school, and I continued working full time while attending law school at night over four years. Upon graduation and passing the bar in 2006, I was promoted to an attorney position effective 1/1/2007. My practice broadened, and I began working on more transactional matters. I became a key transactional attorney for major technology groups and businesses within Fidelity, and negotiated numerous mission critical tech deals, transforming Fidelity's business. I provided transactional and IP support for Fidelity's software development and services affiliate in Ireland, and worked extensively with many of Fidelity's other foreign affiliates. Fidelity's General Counsel handpicked me to provide transactional and IP support to a new business initiative in 2017. That initiative became fintech startup Akoya, LLC, a paradigm-shifting business that enables secure, customer-controlled sharing of personal financial information between financial institutions and service providers. I developed template agreements between Akoya and data providers (financial institutions) and also between Akoya and data recipients (e.g. tax preparation services and financial advisors). Akoya had matured enough to be spun out by Fidelity in early 2020 to a consortium of financial services companies. In 2021, Fidelity offered a voluntary buyout to long-tenured associates, and following the pandemic, coupled with the financial and health benefits included in the package, it was an offer I could not refuse. Days later, my elderly father-in-law broke his hip, and my wife and I became his primary caregivers. It's been a blessing that I was able to contribute to his care and alleviate some of the burden on my wife. He is now in a long-term care facility, and I am eager to return to work as in-house counsel, whether on a contract basis, part time or full time. I did work briefly as a sole practitioner in 2021 and 2022, primarily helping friends, family and pro bono clients with NDAs, business formation issues, consulting agreements and license agreements. From August 2022 - July 2023, I was on the staff of Flex by Fenwick, an in-house counsel on demand business that is a subsidiary of the IP firm Fenwick & West, but did not get any engagements. My wife and I have volunteered for over a year with a dog rescue, Last Hope K9 Rescue, and have fostered several dogs, and adopted two of them!
June 6, 2024
Michael P.
I have been licensed since 2006 and have extensive experience in family law, personal injury, criminal law, and general litigation. I have a solo practice and I am seeking new opportunities.
John L.
I have been practising law for over 30 years. I have extensive legal experience in contract disputes and drafting demand letters. I have been lead counsel in over 100 civil and criminal jury trials and have extensive litigation stradegy knowledge. I belive my experience would be of great benefit to any prospective client.
July 26, 2024
Matthew S.
I am a business, Internet, and intellectual property lawyer. My practice is split between both transactional work and litigation. Prior to law school, I earned a master’s degree in computer science, which gives me the background and experience to understand technology, software, and the Internet better than most attorneys, and so my practice focuses on these areas. However, I represent clients in almost any industry, including real estate, construction, medicine, service, and consumer products.
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"Allen was great to work with! He was very responsive, thorough, and made sure I was satisfied with his work. His insight was invaluable to have before entering into an employment/investment contract with my employer. I would definitely work with him again for any needs in the future!"
Reply From Allen L.
Thank you for the kind words — getting clear insight before signing an employment and investment contract is exactly where this kind of review pays off most. I'm glad it was useful, and I'd be happy to help again. -Allen
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Thank you for the kind words -- glad the turnaround and the reasoning behind the edits were helpful for your employment contract review. Let me know if anything else comes up. -Allen
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Employment
Employment Contract
Florida
Do I have to provide my employees with a paycheck stub?
We find employee pay stubs laying around in the warehouse and left in company vehicles
Diane D.
Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).
Labor
Employment Contract
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
Employment
Employment Contract
Massachusetts
What's paid time off in an employment contract?
I am a recent college graduate and I am in the process of negotiating an employment contract with a large company. I am trying to make sure I understand the terms of the contract, including the paid time off that is offered. I am hoping to get a better understanding of what's included in the paid time off section of the contract so I can make an informed decision about the offer.
Joseph M.
Paid Time Off (PTO) is essentially days (or even hours) that the employee is not required to work but the employer still pays the employee for those hours. It can be awarded in a lump sum in advance, or earned and accumulated over time, dependent on the terms of the employment agreement. PTO may be granted in addition to or in lieu of vacation days, sick days, etc, again depending on the unique employment agreement.
Business
Employment Contract
Florida
What's the safety policy in an employment contract?
I recently accepted a job offer from a new employer and as part of the employment contract, I need to understand the safety policy in the workplace. I understand that safety policies in the workplace are important for the protection of both employees and employers, but I am not sure of the specific details of the safety policy included in my employment contract. I would like to know what safety policies are included in the contract in order to ensure that I have a safe working environment.
Diane D.
Without seeing the contract, there is no way of knowing.
Employment
Employment Contract
North Carolina
What's termination notice in an employment contract?
I recently accepted a job offer with a new company and I was given an employment contract to sign. I was looking through the contract and noticed that it mentions something about a termination notice. I'm not sure what this means or how it applies to my employment, so I wanted to ask a lawyer to get a better understanding of this clause.
Ryan D.
A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.
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