Unemployment Benefit Hearings
Many employees who are unexpectedly fired or laid off from work find themselves in dire financial straits. Unemployment benefits allow many individuals and families the opportunity to pay the mortgage and other household bills while they locate their next career opportunity. The Division of Unemployment Assistance ("DUA") is the Massachusetts state agency responsible for determining whether displaced employees are eligible for unemployment benefits, which typically lasts for up to 6 months.
Many people are not aware of the fact that their former employer does not have the authority to determine whether an individual is entitled to benefits. The DUA makes this determination. So, even if the company represents that the terminated employee is entitled to benefits, the DUA may rule otherwise.
If your former employer terminated the employment relationship, then the onus is on the company to establish that you, the former employee, are not entitled to the benefits. This is important because if the employee terminates the relationship (i.e., resigns or quits), then it is more difficult to convince the DUA to grant your application for unemployment benefits.
If your former employer terminates the employment relationship, the DUA will only deny your application if the employer establishes that you, as the employee, either (1) engaged in deliberate misconduct in will disregard of the employer's best interest, or (2) violated a uniformly enforced company policy. If the employer cannot prove either of these 2 prongs pursuant to the statute, the employee should prevail.
If the employee terminates the employment relationship, then the onus is on the employee to establish that there was a necessitous reason. Further, the employee has to prove that s/he tried to resolve the situation before terminating the employment relationship. For example, if an employee is being subjected to sexual harassment and the employer fails to address and resolve the matter after being given notice, then the DUA may decide that the employee, who may feel compelled to quit, is entitled to unemployment benefits.
If you need assistance getting the DUA to approve your application for unemployment benefits, an attorney may be able to assist you in this matter.
Whether you are an individual or a small to mid-size company, if you are interested in becoming a P&S client, please contact us through our website or call our main telephone number (617) 357-1888 to schedule a consultation with a member of the P&S legal team.