Administrative Decisions

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Decisions issued by an administrative agency, administrative law judge, or administrative council.

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BR-0012552423

BOR (Board of Review)
Claimant eligible for training benefits where her program was eligible for participation in Section 30 at the time she began her studies, but the program’s eligibility lapsed shortly after the claimant began taking classes.

BOR - 0014427140

BOR (Board of Review)
After the claimant’s assignment with the employer’s client ended due to failure to notify the client of her absence, the employer wanted to reassign the claimant but had no other work available.  Such a separation from the employer is not disqualifying under G.L. c. 151A, § 25(e)(2).

BR-0016356976

BOR (Board of Review)
A claimant who informed her employer that her work was overwhelming and who, several weeks later, had a mental breakdown separated involuntarily under G.L. c. 151A, § 25(e), where the employer had “weeks” to look into whether it could accommodate or change the claimant’s job duties.

BR-0014556205

BOR (Board of Review)
The temporary help employer did not give the claimant the written information required by the statute and regulations; hence, the claimant’s alleged failure to request a reassignment is not a voluntary quit, but instead he was discharged for nondisqualifying reasons when his assignment ended.

BOR -

BOR (Board of Review)
Claimant’s on-going part-time subsidiary work as a Portuguese translator does not render him ineligible for Section 30 benefits.  Since he was permanently separated from his primary job without a recall date at the time he applied for Section 30 benefits, his primary tourist season restaurant…

BOR - 0016 3530 74

BOR (Board of Review)
A claimant who separated from her most recent employer due to childcare issues can restrict herself to part-time availability in the benefit year of her claim, pursuant to 430 CMR 4.45, so long as she does not remove herself from the labor force.

BOR - 0015 6369 62

BOR (Board of Review)
Where claimant resigned from her subsidiary job with the employer and had no knowledge that she would later be laid off by her primary employer, she was not disqualified nor subject to a constructive deduction.

BR-0015018675

BOR (Board of Review)
A claimant whose schooling only takes up 10.5 hours per week and who is otherwise available for work, capable of working and actively seeking work, has met the requirements of G.L. c. 151A, § 24(b).

BOR - 0014 4043 74

BOR (Board of Review)
The Board reversed a Section 30 disqualification during the summer semester where, after remand, he demonstrated that he would be enrolled in 17 credits during this period.

BOR - 0015 6157 89

BOR (Board of Review)
A claimant who separated from her prior position for reasons which were beyond her control, and which now restrict her from working full-time, may restrict her availability and capability to work in her benefit year without incurring a disqualification under G.L. c. 151A, § 24(b).

BOR - 0016 2210 95

BOR (Board of Review)
Claimant who simply changed her degree from a Bachelor of Arts in mathematics to a Bachelor of Science in mathematics, remaining in the same department of the same school, and whose previously earned credits were all acceptable toward her B.S., was eligible for continued Section 30 benefits.  This…

BOR - 0016 0160 41

BOR (Board of Review)
Although the training program’s average placement rate fell below the 70% required under 430 CMR 9.05(2)(a), the claimant has demonstrated that his particular qualifications, including veteran status, a high grade point average, and possession of a CDL license, render him likely to obtain…

BR-0015714516

BOR (Board of Review)
Where the claimant relied upon the school’s representation that it was Section 30 approved, but, in fact, its approval had lapsed, then reinstated a few weeks after she enrolled, the Board refused to penalize the claimant for the school’s error.  Held the claimant was entitled to Section 30 benefits…

BOR - 0015 3668 03

BOR (Board of Review)
Claimant withdrew from her Section 30 training program prematurely based on incorrect advice from a college counselor that she’s finished her degree, but enrolled in the first available classes at a community college with approval to have the credits accepted toward her original degree.  Held the…

BR-0014520203

BOR (Board of Review)
The full-time work offered by the employer is not suitable because it requires long periods of standing, which is detrimental to the claimant’s health given her chronic lower back pain. The claimant is in partial unemployment because she is working part-time, her earnings are less than her weekly…

BOR - 0012 9792 63

BOR (Board of Review)
A claimant who stopped accepting work from his part-time benefit year employer with no definite intention to return to work at any point, quit his employment. Since the claimant quit in order to resolve issues surrounding his unemployment claim, his separation is disqualifying and subjects him to a…

BR-0011951684

BOR (Board of Review)
Claimant who submitted an official transcript, along with numerous other official documents from her school, as well as sworn testimony from her academic advisor to confirm that non-traditional aspects of the program whereby life experiences could be converted into academic credits, established she…

BOR - 0012 9717 02

BOR (Board of Review)
A claimant’s continued subsidiary part-time employment while participating in an approved Section 30 program during her benefit year does not disqualify her from receiving further Section 30 benefits under a new claim. 

BOR 0015 4424 19

BOR (Board of Review)
The claimant was denied unemployment benefits for failing to meet the availability requirements. The Board reversed the denial. The claimant was attending school full-time. The Board held that although the claimant spend about 50 hours devoted to schooling per week, it was possible for her to work a…

BOR - 0014 4820 58

BOR (Board of Review)
A temporary employee who, prior to filing for benefits, communicates with the employer at the completion of his current assignment without specifically requesting reassignment, and who does not assert that he is unavailable for work, has met the requirements of G.L. c. 151A, § 25(e).

BOR - 0014 7628 50

BOR (Board of Review)
A claimant with a documented disability, traumatic brain injury, was entitled to Section 30 training benefits even though she was only enrolled part-time.  Her part-time job as a substitute teacher did not disqualify her from participating in the Section 30 program.

BOR - 0014 5404 50

BOR (Board of Review)
Shipping facility worker became pregnant with a 10 lb. lifting restriction and informed the employer.  When the only accommodation was an offer to work part-time, which would have cut the claimant’s wages in half, the claimant resigned.  Held the claimant had an urgent, compelling, and necessitous…

BOR - 0011 8516 99

BOR (Board of Review)
The claimant is entitled to a dependency allowance because he has provided evidence to show that he provides more than 50% of the financial support for his minor stepson.

BOR-0014225121 (2015)

BOR (Board of Review)
Board reversed decision by Hearing Officer denying Section 30 training benefits because claimant had not enrolled in "first available program" after being approved.  Board noted that regulation requires claimants to enroll in "first available appropriate program" and ruled…

Board of Review Decision, Issue ID: 0014 2251 21

BOR (Board of Review)
Holding a claimant who did not take the first course available to her because she had a pre-planned trip to China to visit family was eligible for benefits as she took the first course available to her after her trip.

BOR0014225142

BOR (Board of Review)
Board reversed decision by Hearing Officer denying Section 30 training benefits because claimant had not enrolled in "first available program" after being approved.  Board noted that regulation requires claimants to enroll in "first available appropriate program" and ruled…

BOR0013346073

BOR (Board of Review)
BOR rules that 15-week application period for Section 30 training benefits was tolled because agency failed to provide correct information.  Advocate: Monica Halas, GBLS

BOR - 0014 5696 18

BOR (Board of Review)
Whether a claimant separates from her job for urgent, compelling, and necessitous reasons is analyzed based on all of the facts and circumstances of the case.  The claimant’s medical issues, need to take care of her daughter, problems she had with her supervisor, and feeling that she had very little…

Board of Review Decision, Issue ID: 0013 6849 13

BOR (Board of Review)
Where the claimant refused to sign a memo concerning the employer’s time card because she believed there was an error regarding her time worked on her paycheck, the Board of Review ruled the employer discharged the claimant, but the discharge was not for knowing violation of a reasonably and…

BOR0013684913

BOR (Board of Review)
BOR reversed RE decision that claimant was not eligible for benefits.  Claimant had been involved in dispute with employer regarding overtime pay. Employer demanded that she sign a form acknowledging time clock rules or leave. Claimant feared that signing the form would harm her claim for…

Board of Review Decision, Issue ID: 0014 2251 42

BOR (Board of Review)
Holding a claimant who did not take the first course available to her because she had a pre-planned trip to China to visit family was eligible for benefits as she took the first course available to her after her trip.

RE001544683302

DUA
Review Examiner awarded Section 30 training benefits to claimant who had to transfer from one Section 30 training program to another when he learned in the course of the first program that he could not physically perform the program's requirements.  Claimant's second program was also…

Board of Review Decision, Issue ID: 0012 6566 49

BOR (Board of Review)
BOR reversed RE decision.  RE improperly concluded that because claiman'ts income was less than her government assistance, she did not provide 50 percent of the support of the child and was therefore ineligible for a dependency allowance.  The Board overturned and concluded that…

EA Hearing Decision: Hearing Officers Defer to ADA

Carla Sauvignon, DHCD
Pro se appellant fighting termination for rejecting a placement/abandonment argued disability-related good cause reasons for not staying at the original EA placement. Hearing Officer shunted the case to the ADA coordinator who denied the ADA request and the Hearing Officer, without evaluating good…

BOR 0012200549

BOR (Board of Review)
BOR reversed RE decision denying UI on deliberate misconduct grounds. Claimant worked as an auto mechanic for a car dealership and was fired for working on a family member’s vehicle without prior authorization.  Board first allowed remanded to the RE to take additional evidence to…

BOR 0012656649

BOR (Board of Review)
Board reversed denial by RE of dependency allowance for claimant.  RE had ruled that because claimant received more in public assistance benefits than she had earned from employment, she was ineligible for dependency allowance because the government, not she, had paid more than 50 percent of…

BOR 0011674152

BOR (Board of Review)
Board of Review reversed RE determination that claimant was ineligible for UI.  RE had determined that claimant had refused offers of work from employer and disqualified her on that basis. However, at the time claimant refused offers of work, she had been accepted into a training program under…

BR-1277577

BOR (Board of Review)
The claimant, who was diagnosed with multiple mental health disorders including borderline schizophrenia and borderline personality disorder, had urgent, compelling, and necessitous reasons to leave his position with the employer after 18 years, because he believed that he would be fired and…

DHCD Tenant Selection Review Decision Index 36

DHCD
All decisions made between May 21, 2014 and November 19, 2014.

BOR 611518

BOR (Board of Review)
BOR reversed RE decision denying UI on grounds of claimant's deliberate misconduct. Clamant worked in the prepared foods section of a supermarket and used frozen vacuum-sealed meat that was past its expiration date to prepare sandwiches for customers.  The employer had an…

BR 0012004801-07

BOR (Board of Review)
Board of Review decision holding that "mere presence of  marijuana in the system may not form the basis for denying unemployment benefits," The marijuana decriminalization statute, G.L. c. 94C, section 32L, expressly states that possession of one ounce or less of marijuana shall…

BR-124136

BOR (Board of Review)
Decision that claimant did not engage in deliberate misconduct in willful disregard of the employer’s interest where her fiance's mother's hospitalization and death presented mitigating circumstances for her absence from work.

BR-124425 (7/24/14)

BOR (Board of Review)
The combination of the claimant’s homelessness and the last-minute refusal of the expected ride to work from her friend only twenty minutes before the claimant was scheduled to leave for work, making her frantic and causing her to forget to call the supervisor to report that she would be late…

BR-124433 (7/18/14)

BOR (Board of Review)
Where an allegation of theft or misappropriation of funds is the basis for discharge, the employer must provide "substantial and credible evidence or proof" that the theft or misappropriation occurred, SRH § 1334, and that the claimant was involved in the theft.

BR-1925612 - Issue ID 0002 2340 17 (6/25/2014)

BOR (Board of Review)
The Board also held that claimant’s decision not to request further unpaid leave after his FMLA leave expired was reasonable on the basis of futility (if granted—which was unlikely—he still would not have recovered sufficiently to do the work he had been doing prior to injury and…

BR-703301

BOR (Board of Review)
Claimant's voluntary quit not for good cause where her employer rescheduled her hours during a time when the claimant could not work, despite claimant initially providing a schedule of hours, as employer asked for a written schedule of hours when claimant could work, which claimant did not…

Board of Review Decision, Issue ID: 0002 4356 65

BOR (Board of Review)
Holding a worker who worked at a law firm that exercised a reasonable degree of control over her work was an employee, not an independent contractor.

BR-988919 - Issue ID 0002 1624 00 (6/19/2014)

BOR (Board of Review)
Not being able to afford childcare can also make leave involuntary. The Board also held that a claimant’s need to leave work just before her scheduled return from maternity leave was involuntary because she could not afford childcare services as a working, single parent. 

BR-10151877- Issue ID 0011 5387 80 (6/12/2014)

BOR (Board of Review)
The Board held that claimant’s decision to retire was involuntary when his employer gave him the option between forced retirement and voluntary retirement because his severe medical condition (loss of hearing) made it dangerous for him to continue working.

BR-1892833

BOR (Board of Review)
Where an eligible claimant applies and is admitted into an approved Section 30 training program, but has not yet received the nondiscretionary approval for Section 30 benefits by DUA prior to leaving her part-time employment, she is not disqualified from regular and extended UI benefits.