receipt of vacation, severance or other continuation pay.
Employers should note that if the employee has to sign a release of claims to receive
severance the DUA will not view payment of severance or other benefits as an event that
disqualifies a person from receiving unemployment benefits during the period for which such
payments are made.
The employer must provide employee with a Separation Notice (DET
Form 0590-A) at the time of separation.
The employer must promptly respond to DUA wage inquiry that will be
sent to the employer upon filing of an unemployment application by a former
employee. Failure to respond promptly can result in penalties and/or loss of the
employer’s right to appeal an adverse decision.
DUA will notify the employer and employee of its initial decision.
Included in the notice will be information regarding the appeal rights of the party that
did not prevail.
Appeals are initially administrative, through the DUA, with rights of
further appeal to the District Court and Massachusetts Court of Appeals. Employers
should be aware of applicable deadlines which, in the case of the appeal of the initial
DUA determination, are as short as ten days.
Employment law is one of the hottest areas of the law, generating new legislation,
regulations, and thousands of court opinions each year. The complexity of this legal area
results, in part, from the interaction of many different levels of legal authority – most