Hello.
First of all, I should state that the Google Answers provides general
information. It is not a substitute for professional legal advice and
should not be relied upon as such. Note the disclaimers at the bottom
of the page.
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The basic rule in Massachusetts is that you're not eligible for
unemployment compensation if you voluntarily quit the job.
See Massachusetts Legal Help's "Who Is Covered by Unemployment
Insurance?":
'There are two common circumstances that may result in
disqualification "for cause":
quit, or voluntary quit without good cause attributable to the
employing unit or without a compelling personal reason, where the
burden of proof is on the employee to establish either the
involuntariness of the separation from employment, the existence of
good cause or a compelling personal reason; or
discharge, for "deliberate misconduct in willful disregard of the
employing units interest" or for knowing violation of a reasonable
and uniformly enforced employers work rule, where the burden of proof
is on the employer to establish this by substantial credible
evidence...'
source: "Who Is Covered by Unemployment Insurance?"
hosted by Massachusetts Legal Help
http://www.masslegalhelp.org/page/141563&cat_id=1554
There are exceptions to this rule, though. One of the main exceptions
is when you quit the job on the basis of "good cause."
See "Was the Separation for Good Cause?" also from the web site,
Massachusetts Legal Help:
"Even if the separation is voluntary, an employee is entitled to
benefits if the underlying reason is good cause attributable to the
employing unit or its agent. The circumstances leading to the
separation need not be company policy or known to policy-level
management in order to constitute good cause, as long as the
supervisory-management personnel appeared to have authority to act as
they did.
Note that it is always important in voluntary quit cases to show that
the claimant used any available appeal or grievance procedure, formal
or informal, to try to preserve his or her employment.
Reasonable disciplinary action is not good cause for leaving.
Good cause is most often found where the employer reduces the
employees compensation or changes the work to something
'antithetical' to that for which the employee was hired."
source: Masslegalhelp.org: "Was the Separation for Good Cause?"
http://www.masslegalhelp.org/page/138807&cat_id=1522
Thus, in the situation that you're describing, it sounds you're
considering voluntarily separating on the basis that your employer
changed your work to something that was "antithetical" to that for
which you were hired. As such, if you voluntarily quit you'll need to
show that it was on the basis of reduced compensation and changes in
working conditions that were "antithetical" to that for which you were
originally hired. As mentioned, though, you'll also have to show that
you used any and all available appeals or grievance procedures, formal
or informal, to try to preserve your employment.
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There are specific laws and regulations (cited below) relating to
unemployment eligibility, but cases are determined on an individual
basis by the Massachusetts Division of Employment and Training (DET).
To determine whether your employer's plan to change your working
conditions is sufficient to constitute good cause for you to
voluntarily separate and still be eligible for unemployment
compensation, it would probably be a good idea for you contact
Customer Service at the Massachusetts Division of Employment and
Training (DET):
Telephone: : 617-626-6535, additional contact information:
http://www.detma.org/DETCustService.htm
Additional information:
"Massachusetts Division of Employment and Training (DET)"
"Understanding Unemployment Insurance"
http://www.detma.org/WSUIUnderstandingUI.htm
"How Your Claim is Processed and Your Benefits Calculated"
http://www.detma.org/WSUICalculations.htm
GENERAL LAWS OF MASSACHUSETTS
CHAPTER 151A. EMPLOYMENT AND TRAINING.
http://www.state.ma.us/legis/laws/mgl/gl-151a-toc.htm
Here's a good general summary of Massaschusetts Unemployment Insurance
eligibility:
"...To be eligible for UI in Massachusetts, a claimant must meet two
main criteria: monetary eligibility and a qualifying reason for job
separation. In the vast majority of situations, workers must also be
"able and available" to search for full-time employment.
Monetary Eligibility: In order to meet monetary guidelines,
claimants must earn 30 times their weekly benefit rate (typically 15
weeks) and have total earnings of at least $3,000 during the base
period. Massachusetts has two base periods. Most people fall under the
primary base period, which calculates eligibility using wages paid in
the last four completed quarters prior to filing a UI claim. If an
individual is not eligible under the primary base period, DET
automatically recalculates the information using the alternate base
period. This uses the most recent earnings in an incomplete quarter,
plus the three most recent completed quarters. In limited situations,
recipients may use the alternate base period if their most recent
earnings would increase benefits by 10%. In 2002, approximately 8,000
recipients were eligible through the alternate base period.[20]
Job Separation: DET reviews each claimants job history to ensure
involuntarily separation from work. Claimants are considered
ineligible for UI if they leave work for a disqualifying reason, such
as voluntarily leaving a job, or termination resulting from deliberate
misconduct or willful disregard of employers interests.[21]
Claimants may provide "urgent, compelling and necessitous" reasons to
voluntarily quit a job, such as unexpected changes in childcare
arrangements.[22] In 2001, lawmakers in Massachusetts passed
legislation to allow victims of domestic violence to voluntarily leave
a job to protect their safety.[23]
Once eligible, recipients must demonstrate they are "able and
available" for work that matches their skills, training and
experience. Each week, beneficiaries forward information to DET,
either by mail or telephone, to indicate an active search for
employment.
source: State of Massachusetts
http://www.state.ma.us/legis/bills/st01992.htm
Also see:
"Unemployment Advocacy Guide" by Masslegalservices.org
http://www.masslegalservices.org/docs/UnemploymentGuide-0.pdf
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search terms:
massaschusetts, unemployment, eligibility, eligible, ineligible,
"good cause",
I hope this helps. Good luck! |