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20. Summary: What Questions Does DUA Ask in Discharge Cases?

ALERT:   IN LIGHT OF THE COVID-19 EMERGENCY, ASPECTS OF THE UI PROCESS HAVE BEEN MODIFIED.  VISIT https://www.masslegalservices.org/covid-19-and-ui FOR CURRENT INFORMATION.

DUA typically asks the following questions to ascertain UI eligibility in discharge cases. These represent a small sample of questions posed to claimants in English-only questionnaires. A claimant must respond either through UI Online or by mail. As these questions are often very confusing and the responses could determine initial UI eligibility, advocates should assist claimants in providing the most accurate and clear responses.

1.   Why was the employee discharged?

2.   Does the employer have a rule or policy regarding this offense?

IF RULE VIOLATION:

3.   Did the claimant know of the company’s rule or policy?

4.   How did the claimant know of the company’s rule?

5.   Was the rule uniformly enforced? How were incidents like this handled in the past?

6.   Was the rule reasonable?

7.   Was the application of the rule reasonable?

8.   Was the rule violation a result of the claimant’s incompetence?

IF NO RULE VIOLATION:

9.   Was the conduct deliberate? Was there an intentional act of omission by the claimant?

10. What was the employer’s expectation?

11. Did the claimant know of the expectation and, if so, how did the claimant know?

12. Was there any extenuating circumstance that was the cause of the behavior?

WARNINGS:

13. Were any warnings issued? If so: When? How many? By whom? What was the content? Was a copy of the warning given in writing, or was the warning verbal?

14. Did the employer provide the warning in a language the claimant could understand?

15. Were the actions previously condoned?

16. Was the conduct so outrageous that no warnings were necessary?