Administrative Decisions

Where claimant's expenses exceeded her and husband's income, recovery of the overpayment would defeat the purpose of the program. This case had to go up to court even though DET conceded that claimant was without fault. Advocate: Leonor Suarez & Nancy Rae, GBLS

Claimant applied for training benefits only in 26th week and began training 4 weeks after exhausting his benefits. Following remand and a new hearing, BOR finds 15-wk deadline should have been tolled because claimant received no timely information or notice of deadline. Cites 430 CMR 9.07(3).(Monica…

Claimant applied for training benefits only in 26th week and began training 4 weeks after exhausting his benefits. Following remand and a new hearing, BOR finds 15-wk deadline should have been tolled because claimant received no timely information or notice of deadline. Cites 430 CMR…

Driver for vending machine service company scheduled a job interview, with the same employer for another job, for the end of his shift. Because of a snowstorm, he was delayed in his rounds, and in order not to miss the interview, he did not adequately service all the stops and was fired after…

This is a rare decision overturning a church-related organization's claim of exemption from the UC system under G.L. c. 151A, §6(r). Claimant worked for as a director of residential services iin a home for developmentally disabled people. Employer was a separately incorporated, church-related…

Security guard was required to park in lot some distance from work and to take a shuttle bus, which was often late. Because of her medical condition, she could not walk from the parking lot when the bus was late. She requested alternate accommodations, which were denied, was warned repeatedly for…

Permanent resident, whose green card expired and was not renewed, was found ineligible for UI on redetermination, and appealed. Following a court remand, BOR again held that the claimant's particular document needed to be renewed. Further appeal pending from this unfavorable decision. BR-73926…

Reversing R/E decision #256696, BOR invalidates DET's "postmark rule" (found at 430 CMR 4.13(3) and 1.02(4)). Claimant's appeal was timely where she placed it in a mailbox on the tenth day even though it was not postmarked until the following day. BR-24019098 Advocate: Peter Benjamin, WMLS

Includes all decisions made between November 14, 1998 and May 17, 1999.

Women's shelter employee went on partial leave of absence for health reasons, then had to stop working that job even part-time. Employer suggested she take a full LOA. She qualified for UI but then DET redetermined her eligibility and found she quit without good cause. BOR reversed, finding that…

Includes all decisions made between May 19, 1998 and November 13, 1998.

On-call employees can collect if no work was offered during the relevant period, but if any work is offered they are not in partial unemployment. Advocate: Jen Tschirch, GBLS

Claimant quit after long history of harassment, while on leave of absence. R/E ruled against her, but BOR finds she had good cause to leave because of hostile work environnment, including offensive remark by a manager. BR-77278 Advocate: Nancy Rae, GBLS

Claimant was found ineligible for UI because of pregancy-related medical problems which limited her availability to part-time work. R/E denied benefits because she did not have a history of part-time work as required by 430 CMR 4.45(1). BOR reverses denial, finding that her medical problems are a…

Food service worker fired for insubordination, after twice arguing with a coworker in front of customers, was acting in "spontaneous reaction" and not consciously "in defiance of the employer's reasonable expectations. Therefore, following Still v. DET, she did not commit a knowing violation of a…

Includes all decisions made between November 7, 1997 and May 18, 1998.

Includes all decisions made between May 13, 1997 and November 6, 1997.

Claimant did not commit deliberate misconduct in eating two strawberries from the employer's produce, where she had seen supervisor and others doing the same and therefore assumed it was all right. BR-73847 Advocate: Patti Prunhuber, WMLS

The 15-week deadline for applying for §30 benefits begins to run only when a claimant is permanently separated from employment, not when she is laid off on a recall basis. BR-68643 Advocate: Monica Halas, GBLS

Claimant left work for compelling personal reasons, where need to get child to school conflicted with her start time, job would allow a modified work schedule only temporarily, and claimant made sustained and credible efforts to resolve the problem short of quitting. BR-72295 Advocate: Anne Mackin,…

Includes decisions made between March 1994 and May 13, 1997.  (Note that there appears to be a misprint on the title page of the index.  The title page states that the index includes all decisions made between November 7, 1997 and May 18, 1998, but this does not seem to be accurate.)

Applicant for §30 training benefits learned that course provider would not certify her application by the deadline; DET advised her to just come back when she had a new date. When she did, she was found ineligible because it was later than 15 weeks. BOR holds that the tolling rule in 430 CMR 9.06(4)…

Where store clerk intended to but initially did not pay for merchandise, worth $4, BOR reverses disqualification. Includes Memorandum of Law requesting reversal. BR-69642 Advocate: GBLS

Claimant with limited literacy gave incomplete list of his work search activities and was therefore disqualified. After holding its own hearing, BOR finds that claimant did engage in "systematic and sustained effort to obtain work." BR-50694

Claimant was discharged after numerous telephone calls originating from house where he lived were billed to the employer. Reversing R/E, BOR finds that employer failed to meet its burden of proof of rule violation. Claimant denied making the calls, and only hearsay supported employer's claim…

The employer bears the burden of proving that a claimant had reasonable assurance of re-employment under G.L. c. 151A, § 28A.  Here, the employer did not present historical evidence demonstrating a long-term pattern of hiring the adjunct professor to teach 2 courses every fall and 4 courses every…