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  • 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.

  • 4.

    Procedure

    • 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.

CONCLUSION

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

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