Claimants who leave work due to "urgent, necessitous, and compelling circumstances" leave involuntarily and are eligible to receive benefits under G.L. c. 151A § 25(e), ¶3. According to SRH § 1204(D), the phrase "urgent, compelling and necessitous" describes "overwhelming" reasons for leaving work. There are no hard and fast rules regarding what constitutes "urgent, necessitous, and compelling" circumstances for leaving a job; such determinations are largely driven by the facts of the individual case. However, there are some general categories which a review examiner would typically find to meet the definition.
Leaving work for compelling personal reasons is not disqualifying. For example, an employee who must leave work due to illness or the need for treatment (including treatment for alcoholism), to escape domestic violence, or due to family responsibilities, such as to care for an ill family member or because child care arrangements unexpectedly collapse, may do so for compelling personal reasons and, if so, should not be disqualified. See Raytheon Co. v. Director of the Div. of Employment Sec., 364 Mass. 593, 307 N.E.2d 330 (1974). In another case, an employer‑imposed schedule change interfered with the claimant's child care responsibilities, and the court remanded the case to consider whether the claimant’s domestic responsibilities meant that his leaving work was involuntary. Zukoski v. Director of the Div. of Employment Sec., 390 Mass. 1009, 459 N.E.2d 467 (1984). In such situations, however, the employee will be expected to explore other, less drastic alternatives before quitting. The most common expectation is that the claimant will request a leave of absence, unless it would be futile to do so. See Question 30.
The Board of Review has held that a claimant’s leaving was involuntary where the claimant’s mental health condition not only rendered him unable to perform his job, but also to make any efforts to preserve his job. BR-110773 (1/27/2010).
Note 1: Leaving for urgent, compelling, necessitous reasons may prompt an inquiry whether the claimant is able and available for work. See Question 8.
Note 2: If the employee's reason for leaving was an urgent, compelling and necessitous one, the employer's experience rating is not charged and the UI payments are made from the UI Solvency Fund, unless the employer is self-insured. G.L. c. 151A, § 14(d)(3).
Other common "urgent, compelling and necessitous" reasons are described in the following sections.