Almost every employer in Massachusetts takes part in the unemployment program, and almost everyone is covered. All employees within the Commonwealth are covered by the Massachusetts UI law except employees of churches, trainees at certain nonprofit organizations, work-study jobholders at a college or university, certain federal employees, prison inmates and certain laborers.
However, in addition to having to be totally or partially unemployed and available for work, there is a minimum earnings requirement of $2,500 during at least 15 weeks in the last four completed quarters (or in some circumstances the last three completed quarters plus the most recent earnings in covered employment).
There is usually no disagreement over personal or financial eligibility. Either you qualify or you do not according to the requirements. Disputes arise over specific reasons for job separation.
There are two common circumstances that may result in disqualification "for cause":
quit, or voluntary quit without good cause attributable to the employing unit or without a compelling personal reason, where the burden of proof is on the employee to establish either the involuntariness of the separation from employment, the existence of good cause or a compelling personal reason; or
discharge, for "deliberate misconduct in willful disregard of the employing unit’s interest" or for knowing violation of a reasonable and uniformly enforced employer’s work rule, where the burden of proof is on the employer to establish this by substantial credible evidence.
Both the claimant and the employer may appeal a DET determination. Often, these adversarial "interested parties" present conflicting evidence before a trier of fact, usually a DET hearing officer (called a review examiner). State of mind and job preservation efforts play an important part in these decisions. There are multilevel appeals possible from an administrative hearing through the Massachusetts appellate courts.
Produced by Monica Halas and Allan Rodgers Created Februrary, 2000
