Unemployment Benefits in Massachusetts
Unlocking Unemployment Benefits in MassachusettsAre you unsure about your eligibility for unemployment benefits in Massachusetts? Whether you've been laid off, fired, or are considering quitting your job, you may have questions about the unemployment process.
At slnlaw, we provide valuable insights into the world of unemployment benefits. We've helped countless individuals like you navigate the complexities of the system, ensuring they receive the support they need during these tough times. We also look at the employment termination itself, to help you identify any potential legal claims you might have arising from your employment or termination. The information on this page is about traditional unemployment. The pandemic unemployment program, which was in effect from March, 2020 until September 4, 2021, is addressed separately, as is the process for responding to an overpayment notice and specific problems and issues relating to self-employed workers and unemployment. Eligibility for Unemployment BenefitsIn Massachusetts, most workers can qualify for unemployment benefits if they meet certain criteria:
Collecting Unemployment After Being Fired For CauseUsually you can still collect even if you were fired for "cause." The only exception is if you were fired for deliberate misconduct. Deliberate misconduct can be one of two things. First, intentional behavior against the employer's interest. Second, you can be disqualified if you were fired for a violation of a clear and uniformly enforced policy. Examples include simply not showing up for work without a reason, violating a clear safety policy, falsifying time records, or stealing from the company.
You will generally still receive benefits if you were fired other reasons. For example, poor performance, employee negligence, or absence or tardiness for legitimate reasons do not disqualify you from benefits. Collecting Unemployment While Receiving Severance PayIf you've signed a severance agreement with a release of claims, you can still collect unemployment benefits. Severance pay does not count against your eligibility. In cases where your claim is initially denied, you can request an appeal hearing to resolve the issue.
Accepting Resignation Offers and UnemploymentOpting for resignation instead of termination may delay your unemployment benefits. The Department of Unemployment Assistance may initially deny your application when they see "resignation." You can request an appeal hearing to clarify that the resignation was a result of imminent termination. While calling it a resignation may seem appealing, remember that future employers won't have access to your personnel file.
Independent Contractors and UnemploymentProper classification is crucial. Independent contractors, as per Massachusetts law, are generally not eligible for traditional unemployment benefits (except during specific periods like the pandemic). However, many individuals classified as 1099 workers should technically be W2 employees. If your work involved significant supervision and control and you weren't offering similar services to others, you may not be a true independent contractor. You can still apply for unemployment and contest any employer claims of ineligibility.
When to apply for unemploymentDon't delay your application for unemployment benefits. Even if you have lingering questions about your termination, apply as soon as you can. If your benefits are approved later, you'll receive back pay from the date of your application.
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Questions About Your Unemployment Benefits?
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
The first step- applying for unemployment- is usually not something you need a lawyer's help with. We can help you if you are denied and need to appeal the determination. We can also help you understand your termination and whether you have any legal rights to assert, independent of unemployment. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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