Massachusetts is generally considered an at-will employment state. That means many employers can terminate an employee at any time, with or without notice, as long as the reason isn’t unlawful.
But if you work for the Commonwealth, a city or town, a public safety department, a school system, or another government employer, you may have additional protections when you’re suspended, demoted, disciplined, or fired. Those protections can come from Massachusetts civil service law, a collective bargaining agreement, an employment contract, or other state and federal laws.
Exactly which rights apply depends on your position and employment status, so being a “public employee” doesn’t automatically mean every government worker receives the same protections.
Key Takeaways
- Some Massachusetts public employees have greater job protections than typical private-sector at-will employees.
- Permanent, tenured civil service employees generally can’t be terminated, demoted, or suspended for more than five days without just cause and required procedural protections.
- Public employees may also have additional rights under a union contract, employment agreement, whistleblower law, or state and federal anti-discrimination and anti-retaliation laws.
- Not every public employee is covered by the Massachusetts civil service system.
- Deadlines to challenge discipline or termination can be very short. Certain civil service discipline appeals must be filed within 10 business days after the employee receives notice of the decision.
How Is Public Employment Different From At-Will Employment?
Most employment relationships in Massachusetts are considered at will. Generally, that means an employer or employee can end the relationship at any time, for almost any reason, as long as the reason isn’t prohibited by law.
Public employees, however, may have rights that change both why an employer can discipline or terminate them and how the employer must go about doing it.
Depending on the job, those protections may come from:
- Massachusetts civil service law
- A collective bargaining agreement
- An individual employment contract
- A law governing a particular public position
- Constitutional due-process protections
- State and federal laws prohibiting discrimination and retaliation
That doesn’t mean a government employee can’t be disciplined or fired. It means that, for some public workers, an employer may need a legally sufficient reason for taking action and may need to follow a specific process before doing so.
Are All Massachusetts Public Employees Protected the Same Way?
No. This is one of the most important things for public employees to understand.
The term “public employee” can include people working for state agencies, cities and towns, police and fire departments, correctional agencies, public schools, public authorities, and other government entities. However, simply working for a government employer doesn’t automatically make someone a permanent, tenured civil service employee.
The Massachusetts Civil Service Commission explains that its jurisdiction over disciplinary appeals generally applies to employees who are both “permanent” and “tenured” within the civil service system. In practice, many of those cases involve police officers, firefighters, correction officers, other public safety employees, and certain labor service positions.
Other public employees may instead have protections through a union contract, another statute, an employment agreement, or a different legal framework. In other words, your rights depend not only on where you work, but also on the legal status of your particular position.
What Does “Just Cause” Mean for a Public Employee?
For permanent, tenured employees covered by Massachusetts civil service law, the employer generally can’t impose certain serious disciplinary actions except for just cause.
Massachusetts General Laws Chapter 31, Section 41 provides that a tenured employee generally can’t be discharged, removed, suspended for more than five days, lowered in rank or compensation, or subjected to certain other employment actions except for just cause and in accordance with the procedures required by the statute.
In practical terms, just cause generally requires more than an employer simply deciding that it no longer wants an employee in the position. The employer must be able to support the discipline with legitimate reasons connected to the employee’s conduct, performance, or fitness for the job.
That might involve issues such as misconduct, serious policy violations, attendance problems, or performance deficiencies. But whether just cause actually exists is highly dependent on the facts of the individual case.
If a disciplinary action is appealed to the Civil Service Commission, the appointing authority generally has the burden of establishing by a preponderance of the evidence that there was just cause for the action.
Can a Public Employer Simply Call You In and Fire You?
For certain permanent, tenured civil service employees, generally no. Before an employer takes certain actions, including termination, demotion, or a suspension of more than five days, Massachusetts civil service law generally requires the employee to receive written notice and an opportunity to be heard.
The notice must identify the contemplated action and provide the specific reasons for it. The employee is then entitled to a hearing before the appointing authority or a designated hearing officer. Afterward, the appointing authority must issue a written decision explaining the reasons for its determination.
Shorter suspensions can follow a different process. For example, a civil service employee may be suspended for five days or less without a hearing beforehand, but the employee generally has the right to request a hearing within 48 hours of receiving notice.
These procedural protections are important. They give covered employees an opportunity to understand the allegations against them and respond before or shortly after serious discipline is imposed.
Can a Public Employee Appeal a Suspension, Demotion, or Termination?
A permanent, tenured civil service employee who has been terminated, demoted, suspended, or subjected to certain other employment actions may be able to appeal the decision to the Massachusetts Civil Service Commission.
The Commission generally hears two types of discipline-related challenges:
- A procedural appeal can address whether the employer followed the required civil service procedures (for example, whether the employee received appropriate notice or a required hearing.)
- A just cause appeal can challenge whether the employer had sufficient grounds for the discipline or whether the punishment imposed was too severe.
If the Commission determines that the employer didn’t establish just cause, it can reverse the action in whole or in part. Depending on the circumstances, that can include returning the employee to their position, restoring compensation or benefits, or modifying the disciplinary penalty.
What If You’re a Unionized Public Employee?
Many Massachusetts public employees are represented by unions, which can add another layer of workplace protections.
A collective bargaining agreement may establish rules involving:
- Just cause for discipline
- Progressive discipline
- Notice and hearing rights
- Grievance procedures
- Arbitration
- Union representation during certain disciplinary proceedings
A unionized employee should review the applicable collective bargaining agreement and grievance procedure promptly after receiving notice of discipline.
In some circumstances, an employee may have more than one potential route for challenging a disciplinary decision, such as a civil service appeal or a contractual grievance. The interaction between those options can be complicated, and an employee shouldn’t assume they can pursue every available process simultaneously.
What If You Were Disciplined After Speaking Up at Work?
Separate from civil service or contractual protections, public employees may also be protected from retaliation when they engage in certain legally protected activity.
For example, additional legal issues may arise when discipline follows an employee’s decision to:
- Report suspected unlawful conduct
- Object to or refuse to participate in certain illegal activity
- Cooperate with an investigation
- Report workplace discrimination or harassment
- Exercise another legally protected workplace right
Massachusetts also has specific whistleblower protections (link to new Sept. blog) that apply to many public employees.
Retaliation also doesn’t always mean termination. It can potentially take the form of a suspension, demotion, reduced responsibilities, disciplinary action, or another significant negative change in employment.
What Should You Do If You’re Facing Discipline or Termination?
If you’re a Massachusetts public employee facing a suspension, demotion, termination, or another serious disciplinary action, start by determining which protections apply to your particular job.
Consider taking the following steps:
- Read every disciplinary notice or letter carefully.
- Determine whether your position is covered by Massachusetts civil service law.
- Review your collective bargaining agreement or employment contract, if applicable.
- Identify any hearing, grievance, or appeal deadlines immediately.
- Keep copies of relevant employment records and communications that you’re legally entitled to retain.
- Document the events leading up to the discipline, including any complaints or protected activity that may be relevant.
- Be cautious about resigning or signing a separation agreement before understanding how doing so could affect your rights.
Getting advice early can be particularly important when a deadline to challenge an employer’s decision may be measured in days rather than months.
Understanding Your Rights as a Massachusetts Public Employee
Public employees can be disciplined, suspended, demoted, and fired. But for some government workers, the rules are considerably different from those that apply to a typical at-will employee.
Your employer may need to establish just cause, provide notice, offer an opportunity to respond, follow a union grievance process, or allow an appeal. And regardless of civil service status, public employees may have additional legal protections when discrimination, retaliation, whistleblowing, or another unlawful reason is involved.
If you’re a Massachusetts public employee facing discipline or termination and aren’t sure what protections apply to your position, an experienced employment attorney can help you understand your rights, deadlines, and options.
Rodman Employment Law represents employees throughout Massachusetts in workplace disputes involving termination, retaliation, discrimination, and other employment law matters. Contact our team to discuss your situation.
