Employees who have lost their jobs and are seeking work may be entitled to unemployment compensation. Employees may be eligible, under some conditions, to collect even if they have voluntarily left their job. The statute that governs unemployment compensation is the Massachusetts Employment and Training Law (M.G.L. 151 A ).
As a brief summary, the law allows for an employee who has been involuntarily terminated to collect a portion of his/her pay, while they are looking for work, for up to 26 weeks assuming the employee was not terminated for intentional misconduct or for a knowing and willful violation of a uniformly enforced rule. As noted above under certain specific circumstances the employee, even if they voluntarily resign, can still collect as long as they can demonstrate that they resigned for a compelling reason or if they can demonstrate that no reasonable person would continue to work under the existing conditions and further show that they did everything a reasonable person would have done to fix the problem prior to resigning. For obvious reasons it is not easy to collect if the employee resigns but if these conditions are satisfactorily met they are in fact eligible.
Over the years our firm has had a great deal of success representing both employees and employers at unemployment hearings in North Andover and surrounding areas. As a result, if you are having issues in this area it is advisable to make an appointment and learn more about the process. We can "coach you" to do the hearing on your own or attend the hearing with you and provide the necessary representation in order to maximize your chances of success