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Massachusetts Law in 30 Seconds · Wage and Hour

When Is My Final Paycheck Due After Being Fired in Massachusetts?

0:26 · M.G.L. c.149 s.148 and s.150

“Your check comes next payday” is the wrong answer to a firing in Massachusetts. M.G.L. c. 149, sec. 148 requires that an employee discharged from employment be paid in full on the day of discharge, and M.G.L. c. 149, sec. 150 makes treble damages mandatory for an employee who prevails on a claim under the section.

The deadlines section 148 actually sets

Section 148 carries several timing rules, and they are different from one another.

Ordinary wages are due within six days of the end of the pay period where the employee works a five or six day week, and within seven days where the week runs seven days.

An employee discharged from employment is paid in full on the day of discharge. That is the rule the video is built on.

An employee who quits is paid on the next regular payday. The distinction between a firing and a resignation is doing real work here, because the answer flips depending on which one happened.

Holiday pay and vacation pay owed under an oral or written agreement count as wages under the section, and no special contract can exempt an employer from these requirements.

Why section 150 is the one with teeth

Section 150 provides that an employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits, along with the costs of litigation and reasonable attorney’s fees.

The operative word is shall. On a win, the multiplier is not something a court weighs; the statute directs it.

The step before the lawsuit

Before filing, the employee must file a complaint with the Attorney General and either wait ninety days or obtain the Attorney General’s written assent. The action itself must be brought within three years.

That sequence is part of the statutory scheme rather than a formality, and an otherwise strong claim can be derailed by skipping it. It is one of the reasons a Massachusetts employee with a late final paycheck should describe the timeline to a lawyer early rather than late.

Full transcript of this video

Cold open: Today's your last day. Check comes next payday.

Voice over: In Massachusetts, the day they fire you is payday.

Voice over: Chapter 149, Section 148. Paid in full, that same day.

Jim Glaser: Miss that day, and Section 150 kicks in. Win the claim, and triple is mandatory. Plus your attorney's fees. Look it up at jimmyknows.ai.

Voice over: Check comes next payday. Send this to whoever got walked out Friday.

The actual law

M.G.L. c.149 s.148 and s.150 on malegislature.gov

Section 148 sets hard deadlines: wages within six days of the end of the pay period for a five or six day workweek, seven days for a seven day workweek; an employee discharged from employment must be paid in full on the day of discharge; an employee who quits is paid on the next regular payday. Holiday and vacation pay owed under an oral or written agreement count as wages. No special contract can exempt an employer. Section 150 makes treble damages mandatory, not discretionary, for a prevailing employee.

An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits

Penalty as written: Treble damages as liquidated damages on all lost wages and benefits, plus costs of litigation and reasonable attorney's fees. Mandatory for a prevailing employee.

Common questions

When does a fired Massachusetts employee have to be paid?

Section 148 requires that an employee discharged from employment be paid in full on the day of discharge. That is a different rule from the one for an employee who quits, who is paid on the next regular payday.

Are treble damages discretionary?

No. Section 150 says an employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits. The word shall is what makes the award mandatory on a win rather than something the court weighs.

Does vacation pay count as wages?

Section 148 treats holiday and vacation pay owed under an oral or written agreement as wages. The section also provides that no special contract can exempt an employer from its requirements.

Is there a step to take before filing suit?

Yes, and it is easy to miss. The employee must first file a complaint with the Attorney General and wait 90 days, or obtain the Attorney General's written assent, and the action must be brought within three years. Skipping the Attorney General step is a procedural problem rather than a detail.

What else does a prevailing employee recover?

Section 150 adds the costs of litigation and reasonable attorney's fees alongside the treble damages award.

More Massachusetts law in 30 seconds

This video and the text on this page are general legal information, not legal advice, and do not create an attorney-client relationship. Massachusetts law is fact-specific; telephone Jim Glaser Law about your particular situation. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability. This video uses an AI-generated likeness and voice of Attorney Jim Glaser, with his permission.

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