ATTENTION CLIENTS. Davis & Davis remains open for business during the COVID-19 pandemic. If you have any employment law questions regarding how COVID-19 effects your rights in the workforce, please click here.

Boston Attorneys
Call Today 978.228.2262

Boston Unemployment Benefit Attorneys

Unemployment Benefits: Employers Do Not Determine Eligibility

Many Massachusetts employees who are unexpectedly fired or laid off from work find themselves in dire financial straits. Unemployment benefits allow many individuals and families the opportunity to pay the mortgage and other household bills while they locate their next career opportunity. The Department of Unemployment Assistance (“DUA”) is the Massachusetts state agency responsible for determining whether displaced employees are eligible for unemployment benefits, which typically last for up to six months.

If you need representation during an unemployment benefits hearing, choose Davis & Davis, P.C. We offer aggressive yet poised and professional legal services and are eager to help you seek a favorable resolution to your case.

Call a Boston employment attorney at (978) 228-2262 or contact us online today. We serve clients throughout Middlesex, Essex, and Suffolk counties.

Understand Your Rights in Unemployment

Many people are not aware of the fact that their former employer does not have the authority to determine whether an individual is entitled to benefits. The DUA makes this determination. Even if the company presents that the terminated employee is not entitled to benefits, the DUA may rule otherwise.

If You Were Terminated

If your former employer terminated the employment relationship, then the onus is on the company to establish that you, the former employee, are not entitled to the benefits. This is important because if the employee terminates the relationship (i.e., resigns or quits), then it is more difficult to convince the DUA to grant your application for unemployment benefits.

If your former employer terminates the employment relationship, the DUA will only deny your application if the employer establishes that you, as the employee, either:

  • Engaged in deliberate misconduct in willful disregard of the employer’s best interest
  • Violated a uniformly enforced company policy

If the employer cannot prove either of these two prongs pursuant to the statute, the employee should prevail.

Will You Be Eligible for Unemployment Benefits If You Quit?

If the employee terminates the employment relationship, then it is the employee’s responsibility to establish that there was an unavoidable reason. Further, the employee must prove that s/he tried to resolve the situation before quitting.

For example, if an employee is being subjected to sexual harassment and the employer fails to address and resolve the matter after being given notice, then the Disaster Unemployement Assistance (DUA) may decide that the employee, who may feel compelled to quit, is entitled to unemployment benefits.

The employee will not be eligible for unemployment benefits if they quit their job voluntarily without a good cause. If they quit because of the above reasons then they are eligible for full unemployment benefits

Need Your Application Approved? We Can Help

If you need assistance getting the DUA to approve your application for unemployment benefits, Davis & Davis, P.C. may be able to assist you in this matter. Our Boston employment law attorneys have helped clients throughout Massachusetts obtain unemployment benefits and understand how to properly handle these kinds of cases.

Call Davis & Davis, P.C. at (978) 228-2262.

True Stories from Real Clients

  • “She has always kept the focus on the best interests of my children and acted with the utmost professionalism in the face of often hostile and unwarranted tactics, including personal attacks on her.”

    N.P.

  • “In all my interactions with him, his positive, honorable, and encouraging manner immediately made me feel encouraged and in good hands.”

    Sarah

  • “She is a tough, seasoned professional who knows the in’s and out’s of probate law.”

    J.R.K.

  • “I highly recommend Davis & Davis PC if you want professional advice, involvement with the process and great people to communicate with.”

    Victoria B.

  • “While many people recognize me from my playing days for the New England Patriots, when I stepped into a courtroom with Patty Davis, I was amazed at how much respect and deference she got from other lawyers, law clerks and the judges.”

    Ted Johnson, New England Patriots 1995-2004, 3X Super Bowl Champion