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Massachusetts Unemployment Case Studies

We have helped many clients obtain unemployment benefits after their employers contested their benefits.  This includes situations where the employer claimed that the employee voluntarily quit.  It also includes cases where employers claimed the termination was for a disqualifying cause.

Unemployment Benefits After Voluntary Resignation

Generally, if you leave your job voluntarily you cannot collect unemployment.  There are exceptions, however, where circumstances essentially force you to resign.

We worked with an employee who resigned because the employer failed to pay him as promised.  We were able to demonstrate to the DUA that the actions of the employer in not paying the agreed amounts compelled him to resign.  He was able to collect benefits.

Another client felt she had no choice but to quit her job after continued harassment by her coworkers began to cause serious emotional symptoms.  We were able to prove to the DUA that the workplace conditions created an urgent need to quit that were attributable to the employer.  She was able to collect benefits.

Unemployment Benefits When Fired for a Policy Violation

We have represented clients whose employers challenged their benefits claiming the employees had been fired for violating company policy.  The clients were initially denied benefits and requested hearings.

One client was terminated for using his cell phone while on the job.  This client had to check in electronically to monitor certain things that were his responsibility, and often had to sit in his truck to do this.  The employer claimed this violated both their cell phone policy and break time policies.  Ultimately we were able to show that these were not clear and uniformly enforced policies, and he was able to collect benefits.

Another client suffered a physical disability and had authorization to park in the designated handicap spaces at work.  One day when she was trying to exit the parking lot, another vehicle was blocking hers.  She got out to speak with the driver, and a verbal altercation ensued.

Her employer then fired her for engaging in "inappropriate conduct" in connection with the dispute in the parking lot.  She was denied unemployment benefits and appealed.  We were able to demonstrate that she did not violate any reasonable and uniformly enforced policy of the employer, and she was able to collect benefits.

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MA unemployment case studies employment lawyer Emily Smith-Lee

Unemployment Benefits for Misclassified Independent Contractors

If you are truly an independent contractor rather than an employee, you will not be eligible to collect unemployment benefits.  Many times, however, what is called an independent contractor relationship does not meet the requirements of Massachusetts law.  In that case, you may be eligible to collect in spite of your classification.

We represented an attorney who was considered a non equity partner in her law firm and was denied benefits after being laid off.  Upon careful review of the legal requirements for independent contractors, we were able to put on evidence that she should have been considered an employee, and obtain compensation for her.

How Can We Help?

MA unemployment cases employment attorneys slnlaw
10.0Emily E. Smith-Lee
Unemployment case studies in MA employment attorneys slnlaw
If you have questions about your eligibility for unemployment, or need representation in an appeal, we can help. 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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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog