Human Capital
How do you terminate an employee fairly and get the details right?
You have decided to let someone go. Here are the checks to run first, what the letter says, what to say in the meeting, and what Massachusetts requires on the last day.
Your rules live in your head or in a file written for a smaller team. Here is what a handbook covers, what Massachusetts adds, and how to roll it out.
By Surfside Human Capital SolutionsPublished 7 min read

An employee handbook is the written guide to how your company works with its people: pay, hours, time off, conduct, complaints, and leaving. To create one, write down the policies you already follow, add the notices federal and Massachusetts law require, have your employment counsel review the draft, and roll it out with a signed acknowledgment.
Your team passed 10 people, then 15. The rules for time off, overtime, and who to tell about a problem live in your head, in a few old emails, or in a document written when everyone fit around one table. Each new hire learns them a little differently, and each manager answers the same question in their own way.
A handbook puts one version of those rules in writing. It also gives you one place for the notices the law asks you to give, and a reason to check them as the company grows.
An employee handbook should cover what people need on their first day and what they need when something goes wrong. For a company of 10 to 50 people, a practical outline has nine parts:
Write each policy in plain language and name the person who answers questions about it. Managers apply the handbook every day, so a rule they cannot explain in one sentence needs another draft. If reviews and corrective steps are still informal, read what performance management includes before you write section seven.
Massachusetts adds written policies and notices, and several of them start at a headcount. These are general examples, checked on November 4, 2026, and your employment counsel should confirm how each applies to your company:
| Rule | Who it covers | What it asks of you |
|---|---|---|
| Sexual harassment policy (M.G.L. c. 151B, §3A) | Employers with 6 or more employees | A written policy with the contents the law lists, given to each new employee at hire and to every employee each year |
| Pregnancy accommodation notice (c. 151B, §4, paragraph 1E) | Employers with 6 or more employees | Written notice of the right to be free from pregnancy discrimination and to reasonable accommodation, in a handbook, pamphlet, or other notice, to new employees by their first day and within 10 days to an employee who reports a pregnancy or related condition |
| Earned sick time (c. 149, §148C; 940 CMR 33.09) | All employers; paid time at 11 or more employees | The Attorney General's notice posted at work, plus a copy to each employee or your sick time policy in the handbook |
| Paid Family and Medical Leave (c. 175M, §4) | Massachusetts employers | Written notice to each new employee within 30 days of hire, with a signed acknowledgment or a record that you gave the notice and the chance to sign |
| Parental leave (c. 149, §105D) | Employers with 6 or more employees | 8 weeks of unpaid leave for the birth or adoption of a child, and a posted notice describing the law and your parental leave policy |
| Domestic violence leave (c. 149, §52E) | Employers with 50 or more employees | Up to 15 days of leave in a 12-month period when an employee or a family member is a victim of abusive behavior, and notice to each employee of their rights, including the notice and confidentiality rules |
| Pay discussions (c. 149, §105A) | No headcount minimum in the section | No condition of employment that stops employees from asking about, discussing, or disclosing wages, although you may bar staff whose jobs give them access to others' pay from sharing it without that employee's written consent |
Federal rules add their own. The Family and Medical Leave Act generally covers private employers with 50 or more employees in 20 or more workweeks of the current or previous year. If it covers your company and you have eligible employees, the FMLA general notice must go in your handbook or other written guidance on benefits or leave, or to each new employee at hire.
How you word the handbook matters as well. In 1996, the Supreme Judicial Court of Massachusetts held that a personnel manual given to employees, with no reservation of rights or disclaimer of obligations, granted an employee rights beyond those of an at-will employee, who can be discharged without cause (O'Brien v. New England Telephone & Telegraph Co.). Write the opening page, any statement about changing the handbook, and the acknowledgment with your employment counsel.
Roll it out in order: managers first, then everyone, with a record of who received which version.
If part of your team reads another language more easily than English, consider a version they can read. Massachusetts already does this for some notices. The Attorney General publishes the earned sick time notice in Spanish, Portuguese, Chinese, and other languages, and the Paid Family and Medical Leave poster must be displayed in English and in each language that is the primary language of five or more people in your workforce, when the state offers that translation.
If no one on your team owns this work yet, why companies outsource human resources compares the ways to bring in help.
Review your employee handbook at least once a year, and again whenever the company or the law changes. Employers with six or more employees must hand out the sexual harassment policy every year, which makes that a natural date for the full review. Update sooner when:
A company of three people may not need a full handbook yet. It still owes its team the notices in the table that apply at any size, such as earned sick time and Paid Family and Medical Leave.
A buyer or investor can also ask for the handbook during due diligence. An HR audit checks it against what your company actually does.
We draft your handbook and policies for review by your employment counsel, and we flag what they should look at. See how we help with HR compliance and handbooks.
A template is a starting point, and Massachusetts publishes three documents you can build on: the model sexual harassment policy from the Massachusetts Commission Against Discrimination (MCAD), the Attorney General's sample earned sick time policy, and the MCAD's guidance on the Pregnant Workers Fairness Act, which the MCAD says may be used as the written notice. The rest of a template needs your facts: pay schedule, leave policies, headcount, and where people work.
A signed acknowledgment shows who received which version, and the Paid Family and Medical Leave notice must give each employee the chance to accept or decline receipt. In Massachusetts the wording matters: the Supreme Judicial Court has described signing or acknowledging a manual as one of the facts that can support treating it as part of the employment contract. Have your employment counsel write the acknowledgment.
General information, not legal, tax, or investment advice.
Figures and rules as published by these sources on the dates shown.
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