A lack of transportation may be a compelling reason if caused by circumstances beyond the employee's control and he or she has no other means of getting to work. However, the claimant may be disqualified if he or she fails to take reasonable steps to mitigate the transportation issue. For example, a disqualification was upheld where the employee's car broke down but he declined to make temporary use of available public transportation or ride with coworkers. Navarra v. Director of the Div. of Employment Sec., 382 Mass. 684, 409 N.E.2d 1306 (1980). Had the employee claimed at the hearing that he had quit because his employer's relocation increased his transportation burden, this might have constituted good cause.

An employee who leaves work because he or she moved outside of a reasonable commuting distance is generally ineligible to receive benefits. SRH § 1211(A). However, if an employee moves outside of a reasonable commuting distance for "urgent, necessitous, and compelling reasons" (i.e. domestic violence, medical reasons of self or spouse, etc.) then the claimant is not disqualified for leaving work. Id.; Brightwell v. King, Deputy Director of the Div. of Employment & Training, District Court Dept., Greenfield Div., Docket No. 9741 CV 539 (Hodos, J.) 3/2/98. If the employee leaves work because the employer moves beyond commuting distance from the employee's home, then the leaving is involuntary. Id.

Loss of License Required for Work

Where a person cannot work, or get to and from work, because of the loss of a professional license or driver's license and it is established that the loss is due to the employee's fault, the employee is considered to have brought about his own separation, and is considered to have left work voluntarily. Olmeda v. Director of the Div. of Employment Sec., 394 Mass. 1002, 475 N.E.2d 1216 (1985) (conviction of driving while intoxicated); Rivard v. Director of the Div. of Employment Sec., 387 Mass. 528, 441 N.E.2d 257 (1982). But where the license loss is not the employee's fault, the leaving is deemed involuntary. SRH § 1208(G). Despite an unappealed District Court decision to the contrary, Carey v. Deputy Director of the Div. of Employment Sec., Greenfield District Court Decision, (Docket No. 0041-CV-0251, decided 6/4/01) (claimant, who was an admitted alcoholic, qualified for UI notwithstanding his loss of license for failure to take a breathalyzer test because any conduct arising out of his irresistible compulsion to drink was not "voluntary"), DUA maintains that the voluntary leaving would include cases where the claimant's loss of license is due to an alcohol-related incident and the claimant is an admitted alcoholic. See Question 34.