Massachusetts Death of Employee: What you need to know

When wages are owed to a deceased employee who dies without a will, an employer may pay up to $100 of the amount owed to the surviving spouse if:
• 30 days have elapsed since the date of death, and
• The employer has received no claim or notice of probate proceedings from the employee's estate.
If there is no surviving spouse, the amount may be paid to an adult child of the deceased, and if there is no surviving child to the surviving father or mother of the deceased employee. The payment discharges the employer's wage and salary obligations for the amount paid (MA Gen. Laws Ch. 149 Sec. 178A). If it cannot be determined whether there is a will, if there is no surviving spouse, child, or parent, or if the wage debt exceeds $100, employers should contact the local court of probate for instructions.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
State employees and officers are not covered by Section 178A. Public employers should contact the local court of probate to arrange for the payment of wages and benefits owed to a deceased employee.

>> Read more about Death of Employee

More on this topic:

State Requirements

National | Alabama | Arizona | California | Colorado | Connecticut | Florida | Georgia | Hawaii | Illinois | Indiana | Kansas | Louisiana | Massachusetts | Michigan | Minnesota | Mississippi | New Jersey | New York | Ohio | Oregon | Pennsylvania | Rhode Island | Tennessee | Virginia | Washington | West Virginia | Wisconsin |

Massachusetts Death of Employee Resources

Death of Employee Products

Free Special Reports
Get Your FREE HR Management Special Report. Download Any One Of These FREE Special Reports, Instantly!
Featured Special Report
Claim Your Free Copy of Critical HR Recordkeeping

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
Download Now!

This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.

Topics covered:
1. Hiring Records
2. Employment Relationships
3. Termination Records
4. Litigation Issues
5. Electronic Information Issues
6. Tips for Better Recordkeeping
7. A List of Legal Requirements

Make sure you have the information you need to know to keep your records in order.