UI: Procedural Issues

When a temporary employment agency communicates with a claimant that his assignment has ended and tells him it will contact him about a new assignment shortly, the communication satisfies the temporary help firm requirements under G.L. c. 151A, § 25(e).

When a temporary employer informs a claimant that his assignment has ended, but offers no new work, the claimant is deemed to have separated due to a lack of work.

The temporary help employer did not give the claimant the written information required by the statute and regulations; hence, the claimant’s alleged failure to request a reassignment is not a voluntary quit, but instead he was discharged for nondisqualifying reasons when his assignment ended.

Claimant filed a timely request for a hearing where he was away at sea as a merchant marine for appeals period, only saw the determination upon returning home, and then sent in his request promptly after this return.

The Board of Review found that the claimant, whose request for a hearing was due the day after Thanksgiving, had good cause to file her appeal beyond the ten-day appeal period due to her mistaken belief that the DUA offices were closed the day after Thanksgiving. Advocate: Greater Boston Legal…

Here are two cases in which erroneous decisions (one by DUA in which the BOR denied review (Waters), and one in which the Board denied benefits, reversing a correct DUA decision (Regalado) were reversed by agreement of the parties in District Court. Memoranda of law in both cases are attached…

Massachusetts General Law chapter 151A, §74 provides: "This chapter shall be known and may be cited as the Unemployment Insurance Law, and shall be construed liberally in aid of its purpose, which purpose is to lighten the burden which now falls on the unemployed worker and…

The claimant, who was employed as a chief at a restaurant, found a new job and gave two weeks notice at his old one. (Although not noted in the Board's decision, the first employer was scheduled to close for the season three weeks after the date the claimant gave his notice.) The old employer…

University janitor fired after refusing to accept transfer to an assignment where he would have reported to a supervisor who had recently treated him unfairly. Despite some incoherence, BOR credits claimant's testimony that he believed he could be disciplined but not fired for refusing this…

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…