To qualify for unemployment compensation benefits, a claimant must be

1.  financially eligible:

• must have earned wages of at least 30 times the weekly benefit rate (generally about 15 weeks of earnings) and at least $3,500 (an amount calculated from the state's minimum wage, G.L. c. 151A, § 24(a)) during the base period. The base period is determined either by using the "primary base period," i.e., the last four completed quarters immediately preceding the effective date of claim, or by using the "alternate base period," i.e., the three most recently completed calendar quarters plus the "lag period," i.e., the period between the last completed quarter and the effective date of the claim. A claimant is eligible to use the alternate base period if: A. the claimant does not have sufficient wages in the primary base period to meet the earnings requirements of G.L. c. 151A, § 24(a); OR B. a claim was established using the primary base period, and the total benefit credit is less than $18,750 (effective October 2010; this amount changes annually on Oct. 1^st), and there is "credible substantiation" that the alternate base period would result in at least a 10% higher benefit level. See 430 CMR §§ 4.81, et seq. (establishing procedures under which the alternate base period will be used).
• Only wages paid rather than earned during a particular period are counted. Naples v. Commissioner of the Dep't of Employment and Training, 412 Mass. 631, 591 N.E.2d 203 (1992). Arguably, however, this should not be the case if the late payment is due to violation of wage laws concerning timely payment of wages, G.L. c. 149, § 148 and at least one District Court has so held. Moshay v. Leary, Commissioner of Div. of Unemployment Assistance, Boston Municipal Court, Roxbury Division, Docket No. 0502 CV 0073, (Coven, J.) 6/14/05 (deeming late payments of wages as timely paid to ensure eligibility for unemployment under G.L. c. 151A, § 1(w)).

2.  personally eligible:

• be in total unemployment or partial unemployment (an individual's hours have been involuntarily reduced). G.L. c. 151A, §§ 1(r), 29(b).
  • capable of, available for and actively seeking work. Note: to satisfy this element, the claimant should continue certifying eligibility even if the application for benefits was initially denied
  • unable to obtain work in his or her usual job or another job for which he or she is reasonably suited. G.L. c. 151A, § 24(b)
  • not disqualified under G.L. c. 151A, § 25(e), i.e., the claimant must show that he or she did not leave work;
    1. by discharge shown to the satisfaction of DUA by substantial and credible evidence to be attributable to deliberate misconduct in willful disregard of the employing unit's interest or due to a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee's incompetence; or
    2. voluntarily, unless the employee establishes by substantial and credible evidence that he or she had good cause for leaving attributable to the employing unit or its agent or left for a reason that is of such an urgent, compelling and necessitous nature as to make the separation involuntary; or
    3. because of conviction of a felony or misdemeanor.

Each of these three disqualifications is discussed in detail in Part 3.