Massachusetts Law About Unemployment
See Also:
Best Bets
DUA Service Representatives Handbook, 2008 ed. Mass. Legal Services. Online version of book covers eligibility and determinations in great detail.
Unemployment Advocacy Guide, Mass. Law Reform Institute, 2009. Online version of the well-respected book, covers eligibility, receiving benefits, the appeals process, sample forms and more.
Simplifying the Unemployment Insurance Law: A Guide for Employers. Mass. Department of Workforce Development, 2009. Great info for employees as well as employers. Chapter 3, Understanding Eligibility and Benefits, is particularly helpful.
Massachusetts Laws
MGL c.151A: Employment and Training
MGL c.152 s. 36B Effect on Worker's Compensation Eligibility
Ch. 30 of the Acts of 2009. Signed by Gov. Deval Patrick on July 2, 2009, extending certain federal unemployment benefits to Massachusetts residents. See Section 45 of the Act.
Massachusetts Regulations
430 CMR Department of Employment and Training
801 CMR 1 Adjudicatory Rules of Practice and Procedure
Note: Unemployment compensation is included as a source of income in the child support guidelines.
Federal Laws
26 USC 3301 et seq. Federal Unemployment Tax Act
42 USC 503 Requirements for State Laws
Federal Regulations
20 CFR 640 Promptness Standard for Benefit Payment
20 CFR 650 Promptness Standard for Benefit Appeals
45 CFR 302.65 Withholding of Unemployment Compensation for Child Support
Selected Case Law
Crane v. Commissioner of the Department of Employment and Training, 414 Mass. 658 (1993) Employee bears burden of proof that he left for good cause attributable to employer.
New England Wooden Ware Corp. v. Commissioner of the Department of Employment and Training, 61 Mass. App Ct. 532 (2004) Policy must be precise in language and uniformly enforced.
Ocean State Job Lot of Hyannis, Inc. v. Commissioner of the Department of Employment and Training, 61 Mass. App Ct. 1116, 810 NE2d 1290 (2004). (Unpublished opinion). Employee violated written rule, but fact that conduct was approved by supervisor was relevant in establishing that claimant did not intentionally and knowingly violate rule.
Still v. Commissioner of the Department of Employment and Training, 423 Mass. 805 (1996) The term "knowing violation" implies some degree of intent and mitigating circumstances alone will not negate a showing of intent or thereby excuse a "knowing violation."
Other Web Sources
Guide to Personal Income Tax: Unemployment Compensation, Mass. Department of Revenue.
How to File Your Initial Claim, Mass. Division of Unemployment Assistance. Everything you need to know to file your first claim.
Jobless Won't Lose Extended Benefits, Boston Globe (July 21, 2009) article explains how the changes to the state law will work.
Paying Taxes on Unemployment Insurance Benefits, Mass. Division of Unemployment Assistance.
Questions and Answers About Unemployment Insurance, Mass. Department of Workforce Development. Answers questions that employers may have about their obligations.
Unemployment Insurance, Mass. Legal Help. In a question-and-answer format, this site covers the following: How do I apply for unemployment benefits?, Am I disqualified from receiving unemployment benefits?, Am I eligible for unemployment benefits?, How do I receive unemployment benefits? and What can I do if I'm refused unemployment benefits?.
Unemployment Insurance: A Guide to Benefits and Employment Services, Mass. Dept. of Workforce Development, Jan. 2008. Includes an overview of your rights and responsibilities, help in finding a job, how benefits are determined, contact information and more.
Your Responsibilities as an Employer: Unemployment Insurance, Mass. Department of Revenue.
Print Sources
Labor and Employment in Massachusetts, 2d ed., by Jeffrey Hirsch, Lexis Law Publishing, loose-leaf, chap. 19.
Massachusetts Employment Law, MCLE, loose-leaf, vol. 2, chap. 22.
Massachusetts Practice, vol. 45 (Employment Law) West Group, 2d ed., 2003 with supplement, sec. 15.11 – 15.19.
What to do About Personnel Problems in Massachusetts, Business and Legal Reports, loose-leaf, under heading "unemployment compensation".
Your Rights on the Job, 5th ed., by Robert M. Schwartz, The Labor Guild of Boston, 2008.
Agencies
Department of Labor
JFK Federal Building
Boston, MA 02203
617-565-2258
Massachusetts Division of Unemployment Assistance 19 Staniford Street Boston, MA 02114 888-626-5553