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Q: Eligibility for unemployment compensation in Massachusetts ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Eligibility for unemployment compensation in Massachusetts
Category: Business and Money > Employment
Asked by: curiousity33-ga
List Price: $7.00
Posted: 09 Aug 2003 18:11 PDT
Expires: 08 Sep 2003 18:11 PDT
Question ID: 241956
Are there specific guidelines for eligibility for unemployment in
Massachusetts?  I am paid hourly and work 40 hours per week in the
company office during the daytime.  This was what was agreed upon when
I was hired.  I wonder what protection I would have if my employer
requested me to either work at home, which would require me to install
a telephone line and may change my salary and ability to make
equivalent money as home employees are usually paid on production and
there are many variables,  or employer may request that I work in the
office at night or weekends when I would feel my personal security
would be at risk.  I do not wish to work at home, and I am also do not
own my home.  Are there specific guidelines or are cases determined
individually?  Also, what does the unemployment insurance offer in
terms of job retraining and health insurance.  I have never collected
before, but I would like information.
Answer  
Subject: Re: Eligibility for unemployment compensation in Massachusetts
Answered By: juggler-ga on 09 Aug 2003 20:18 PDT
Rated:5 out of 5 stars
 
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.

--------------

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 unit’s interest" or for knowing violation of a reasonable
and uniformly enforced employer’s 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
employee’s 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.

---------------------

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 claimant’s 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
[ Note that this document is in PDF format, so the Adobe Acrobat     
Reader is required. If you don't have that, please visit Adobe's web
site:
http://www.adobe.com/products/acrobat/readstep2.html  ]   


search terms:
massaschusetts, unemployment, eligibility, eligible, ineligible,
"good cause",

I hope this helps.  Good luck!
curiousity33-ga rated this answer:5 out of 5 stars
Thanks for your answer and the links. Hopefully, I will never have to
use any of this information, but I will at least have some idea of
what is involved.

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