Can my employer fire me for cause but with no evidence, after I resigned to avoid paying the 4 weeks notice agreed on contract?

UPDATED: Oct 2, 2022

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Can my employer fire me for cause but with no evidence, after I resigned to avoid paying the 4 weeks notice agreed on contract?

I started working for M and D on 05/20 as a nanny. On 08/05 morning, I sent a 4-week notice and resignation letter, as per our signed contract details on the Termination of Agreement section, which guaranteed 4 paid weeks to my last day of work in the total value of $5,500. On the same day, 08/05 at night, I received a termination of contract letter, from my employers stating they had already planned to fire me for cause and for this reason would only pay 1 week in the value of $1375 on my normal payday Neither M or D had expressed any of the causes listed to terminate the contract in any way prior to my delivery of resignation letter. Combining the timing M and D chose for terminating the contract and the lack of evidence in any way to support their allegations of cause, the real reason for the attempted termination of contract by M and D is to evade paying the remaining 3 weeks in the value of $4125 in a retaliatory action. Do I need a right to sue letter from the attorney general before I can take them to small courts?

Asked on August 6, 2019 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't need a right to sue letter. Because you had an employment contract, this is not a labor law matter: this is a straight "breach of contract" (violation of contract) case and you can proceed directly to small claims court if you choose.

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