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EMPLOYMENT LAW GUIDE: - page 80 / 134

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2.

Separation Eligibility

In order to be entitled to unemployment, a worker must be:

  • partially or totally unemployed through no fault of his own;

  • able to work;

  • available to work; and

  • actively seeking employment.

The following can disqualify a worker from receiving benefits:

  • voluntarily quitting his job without good cause attributable to the employer;

  • quitting a job to move or to follow a spouse to another location;

  • being terminated for deliberate misconduct on the job in willful disregard of the employer’s interests or a knowing violation of a reasonable and uniformly enforced rule;

  • job loss due to conviction of a crime.

An employer should keep in mind, however, that the overriding purpose of the

unemployment system is to provide benefits to employees who are out of work.

Accordingly, the above disqualification factors are fairly strictly construed against an

employer.

3.

Continuing Eligibility

In order to receive benefits, an employee must make application to the Massachusetts

Department of Employment and Training’s Division of Unemployment Assistance (DUA).

If DUA determines the employee to be eligible, the employee must provide DUA with

information on an ongoing basis to establish her continued eligibility. Factors that can

disqualify an employee from continued eligibility for benefits include:

  • lack of availability for work due to illness;

  • lack of availability as a result of voluntary factors such as taking a vacation or full-time engagement in charitable or other non-employment-related activities;

  • failure to seek employment;

  • failure to accept a suitable offer of employment;

  • full-time self-employment;

  • part-time employment which results in earnings in excess of applicable unemployment benefits;

72

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