Unemployment in Massachusetts
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Unemployment benefits are available to most workers who lose their jobs in Massachusetts. If you have recently been fired or laid off, you may have questions about whether you are eligible for benefits. If you are thinking about quitting a job, you may have additional questions about how that affects unemployment. You can also read some case studies about people we have helped get unemployment benefits.
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. The information on this page is primarily directed at the unemployment process itself. We know, however, that most of the people we talk to about unemployment also have other questions about their termination. These often include questions about whether the termination was discriminatory or retaliatory, whether they should sign a proposed severance agreement, and whether they were properly paid at termination under the wage and hour laws. We can help with these questions as well. |
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Eligibility for Unemployment
The general rule is that you can collect unemployment benefits in Massachusetts if you:
Below is some additional information about common scenarios in unemployment applications.
- Have lost a job, or a significant number of hours, involuntarily and without engaging in willful misconduct
- Earned at least $5,100 over the last four quarters
- Are able and available to work
- Are actively look for work
Below is some additional information about common scenarios in unemployment applications.
Can I collect unemployment if I was fired for cause?
Usually 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.
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.
Can I collect unemployment if I receive severance pay?
If you sign a severance agreement that includes a release of claims against your employer, you can collect unemployment while you are receiving severance pay. Most severance agreements include a release of claims.
If you have signed a release, the money you receive does not count against your unemployment. You may have to show the severance agreement to the department of unemployment assistance. Sometimes your claim will be initially denied. In that case, you can request an appeal hearing. Ultimately you should be entitled to benefits during your severance period.
If you have signed a release, the money you receive does not count against your unemployment. You may have to show the severance agreement to the department of unemployment assistance. Sometimes your claim will be initially denied. In that case, you can request an appeal hearing. Ultimately you should be entitled to benefits during your severance period.
Can I collect unemployment if I accept an offer to resign instead of being fired?
If you accept a resignation instead of termination, you should be able to collect unemployment benefits. You might delay payment of benefits if you do this. This is because the department of unemployment assistance will see the word "resignation" on your application and initially deny benefits. You can then request an appeal hearing and show that the resignation was in the face of termination. That should result in payment, but it can take a month or more to go through this process.
That means you should think carefully about resigning. Remember that a termination "on your record" is in reality only on the record in your personnel file with your former employer. No future employer is going to see that file. So the benefits of calling it a resignation are limited in the first place.
That means you should think carefully about resigning. Remember that a termination "on your record" is in reality only on the record in your personnel file with your former employer. No future employer is going to see that file. So the benefits of calling it a resignation are limited in the first place.
Can I collect unemployment if I was a 1099 worker or independent contractor?
If you were properly classified as an independent contractor under Massachusetts law you will not be able to collect traditional unemployment (except for pandemic unemployment benefits, which were available from March, 2020 through September, 2021). The truth is that most people paid as 1099 employees should be considered W2 employees. If your work was subject to significant supervision and control, you might be legally an employee. If you were not also in the business of offering the same services to others, you may not truly be an independent contractor. If the work you were doing was core to the employer's business, you probably should have been classified as an employee.
You can apply for unemployment even if your employer claims you are ineligible- you may be initially denied, but you can request a hearing, and if the DUA finds that you met the statutory definition of an employee, you should be able to collect benefits.
You can apply for unemployment even if your employer claims you are ineligible- you may be initially denied, but you can request a hearing, and if the DUA finds that you met the statutory definition of an employee, you should be able to collect benefits.
When should I apply for unemployment?
You should not wait to apply for unemployment. If you are denied and are later awarded benefits, those benefits will be back paid to the date you applied. So even if you still have questions about your termination, you should apply for benefits on the first date you are allowed after your termination.
Do I Need a Lawyer for Unemployment?
The information on these pages should help you educate yourself generally about the process and the standards for eligibility. So can you do this yourself or does it make sense to hire a lawyer?
The answer, as we have found out, is a little of both. There are aspects of the process that most people can handle themselves with the right information and guidance. For these parts, it just may not make economic sense to hire an attorney.
There are other parts of the process, however, where having a representative significantly increases your chances of receiving benefits or overturning an overpayment notice.
That's why we have created the Unemployment Roadmap- a low-cost, step by step "how to" guide through the process. You can use this to guide you all the way through, or use it to get it as far as you can go and give us a call when you are ready for help.
If you have an appeal hearing scheduled already, or have received an appeal denial, this would be a good time to get a lawyer involved. If you are earlier in the process, however, the Roadmap may be your perfect solution.
The answer, as we have found out, is a little of both. There are aspects of the process that most people can handle themselves with the right information and guidance. For these parts, it just may not make economic sense to hire an attorney.
There are other parts of the process, however, where having a representative significantly increases your chances of receiving benefits or overturning an overpayment notice.
That's why we have created the Unemployment Roadmap- a low-cost, step by step "how to" guide through the process. You can use this to guide you all the way through, or use it to get it as far as you can go and give us a call when you are ready for help.
If you have an appeal hearing scheduled already, or have received an appeal denial, this would be a good time to get a lawyer involved. If you are earlier in the process, however, the Roadmap may be your perfect solution.
How Our Employment Lawyers Can Help
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.
