Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2167

Introduced
2/27/25  

Caption

Relative to wrongful discharge from employment

Impact

If enacted, HB 2167 would enhance employee rights by specifically outlining wrongful discharge scenarios, including retaliation for refusing to violate public policy. It mandates that employees must have completed a probationary period to claim wrongful discharge, which gives a defined timeframe of six months unless otherwise stated by the employer. The provision that employees could seek damages, including lost wages and benefits for up to four years, underscores the bill's aim to provide substantial recourse for individuals facing unjust termination.

Summary

House Bill 2167 aims to amend Chapter 150A of the General Laws of Massachusetts to provide clearer definitions and provisions regarding wrongful discharge from employment. The bill introduces the concept of 'constructive discharge', defined as the voluntary termination of employment due to intolerable conditions created by the employer. This legislative change is intended to offer greater protection for employees who feel compelled to resign because of harassment or severe workplace issues, emphasizing an employee's right to report such injustices without fear of retaliation.

Contention

Opposition to House Bill 2167 may arise from employer groups concerned about the financial implications and the increased litigation risk associated with claims of wrongful discharge. Proponents argue that it establishes a necessary framework for protecting employees and promoting ethical workplace practices. The explicit exclusions for employees covered by other statutes or contracts suggest potential gaps in protections for certain groups, leading to discussions about balancing interests between employee rights and employer regulatory burdens.

Companion Bills

MA H5180

Replaced by Study Order

Previously Filed As

MA HB567

Providing for assumption of employment relationship, for terms of yearly employment contract, for prohibition on waivers or limitations of employment protections, for elements of wrongful discharge, for remedies for wrongful discharge and for probationary period of employment.

MA H2240

Relative to discharges from sober homes

MA H3986

Relative to addressing delayed patient discharges

MA H2492

Require a suitable ride home from the hospital for all cognitively impaired discharges

MA H4040

Preventing the discharge of radioactive materials

MA H5148

Preventing the discharge of radioactive materials

MA H1656

Relative to the reckless discharge of firearms

MA HB1518

Persons wrongfully sentenced; allow compensation for in same manner as persons wrongfully convicted.

MA H1965

Relative to compensation for victims of wrongful conviction

MA S1132

Relative to compensation for victims of wrongful conviction

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