Unemployment Insurance Benefits

Unemployment insurance (UI) provides benefits to Massachusetts' workers who are unemployed through no fault of their own. Most workers are covered by the law and can qualify to receive benefits if they have earned at least $2400 during the qualification period, are able and available to work, and are actively looking for new employment. The unemployment insurance program in Massachusetts is administered by the Department of Unemployment Assistance (DUA).

I just lost my job, how do I file for unemployment insurance?

You can file for UI benefits by telephone or in person at one of the state's One-Stop Career Centers. In Springfield it is FutureWorks at 1 Federal Street and in Holyoke it is CareerPoint at 850 High Street. The DUA telephone number is 1-877-626-6800.

What benefits can I receive if I am eligible for UI?

In addition to money benefits, you may be eligible for training to acquire new skills to become re-employed, and you may be eligible for medical insurance benefits. Even if you do not qualify to receive monetary benefits, the DUA offers career counseling, resource rooms, job search workshops and veteran services to help you to get a job.

What are the requirements to receive benefits?

The decision about whether you will be able to receive benefits is based on the amount of money you earned during the qualification period and the reason you are no longer employed.

Can I collect UI benefits if I quit my job?

An employee who voluntarily quits his job because the employer was taking some action that is prohibited by law or which changes the employment relationship is said to have quit for good cause which is attributable to the employer. An employee who leaves his job because he or she reasonably believes that he or she had no choice, or because of urgent, compelling and necessitous reasons is considered to have left work involuntarily. In each of these cases UI benefits may be paid.

What are some examples of good cause attributable to the employer which might result in approval of UI benefits?

Although this list is not complete, some examples of good cause are:

hazardous working conditions or equipment
a transfer to unsuitable work
a change by the employer in your job such as a permanent reduction in hours to less than full-time work, lower wages, or failing to pay agreed upon minimum wages
sexual, racial or other unreasonable harassment

Can you give me some examples of reasons which might be considered "involuntarily" leaving that would not prevent me from receiving UI benefits?

Some examples of involuntary leaving are:

the employee's declining health
union rules
in limited circumstances, lack of transportation
leaving to care for an ill family member
to attend to unexpected immediate problems with existing child care

Do I need to try to work out problems with my employer before I quit my job in order to collect UI benefits?

In almost every case you must make an effort to resolve problems with your employer prior to quitting, even if there is good cause for your quitting. If you are leaving for personal reasons, you are expected to request a leave of absence in order to resolve your personal issues and preserve your job. However, if attempts to resolve the problem or asking for a leave of absence doesn't work, you will have met your obligation by attempting to do so. The DUA must make an initial inquiry of the employee and employer to determine if the employee is eligible for benefits before they can be awarded.

Can I collect UI benefits if I am fired from my job?

Yes, even if you are fired you may be eligible for UI benefits. You can be denied benefits if you violated a known rule or policy which is reasonable and uniformly enforced, or for willful and deliberate misconduct in disregard of the employer's interests. To prove that you violated a known rule or policy, your employer would have to show that you were informed of the rule or policy, and that you knew that the acts or omissions which resulted in your discharge were a violation of the policy at the time you were doing them. They would also need to show that the rule is reasonable and that it treats all employees subject to the rule or policy in a similar manner when the policy is violated. To show that your actions were willful misconduct, the employer must show that the act or omission was purposeful or intentional. The employer would also have to show that when you committed the act of misconduct, that you knew it was contrary to the employer's expectations of behavior or its interests. If you are fired because you could not do the job, you will not be disqualified. In every discharge the DUA must make an inquiry to determine whether benefits can be given.

How will I know if I earned enough money to qualify for UI benefits?

The DUA uses two different methods to determine if an employee meets the minimum income eligibility requirements to receive benefits. The first method uses the wages earned by you in the last four calendar quarters before you filed your claim. The other method uses the wages paid to you during the three most recently completed calendar quarters plus the wages earned in the quarter in which your claim is filed. The DUA will send you a decision about whether you meet the monetary requirements for benefits.

What can I do if the DUA says I am not eligible for benefits?

In every case when an employee is not eligible he or she will receive a notice from the DUA telling you it has reached a decision that you are not eligible to receive benefits. That decision can be appealed at a hearing which must be requested by filling out the appeal request form at the bottom of the notice telling you will not be receiving benefits.

Do I need a lawyer if I want to file an appeal?

Appeals are not trials but are administrative hearings. You do not have to have a lawyer represent you if you want to appeal your denial of benefits. However, Western Mass. Legal Services does represent a limited number of employees at DUA appeal hearings.

Should I continue to mail in my Cert Cards or call-in if I decide to appeal the decision against me?

If you receive a decision that you are not eligible for benefits and you appeal that decision, you must continue to call-in or mail in your Cert Cards if you want to receive benefits for those weeks.

Can my employer appeal if the DUA decides I am eligible for benefits? If it does, what happens then?

Yes, your employer can appeal a DUA decision to grant you benefits. If the employer appeals the decision, a hearing will be held to decide whether you are eligible for benefits. You should go to the hearing and tell the hearing officer your side of the case.

Is there anything I need to know if I think that I might want to appeal a decision against me?

The most important thing you need to know is that if you quit your job, you must prove that you had good cause, or urgent, compelling and necessitous reasons for leaving. This means you must provide the evidence. You will need to bring doctor's notes, treatment records, or anything that shows you had a reasonable belief that you had no choice but to leave your job. If you were fired, your employer must supply the evidence, however, you must bring any evidence you have with you to the hearing to challenge the employer's testimony. The appeal hearing is your last chance to supply any evidence or testimony you want the DUA to have to help them make the decision about whether you should get benefits

Produced by Western Massachusetts Legal Services With Assistance of a Grant From the Union Community Fund of the
Created July, 2004