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  • Quitting and UI

    Hello,

    I have a question about Mass UI and quitting a job. I have read around here and it sounds like a very difficult situation with getting benefits when voluntarily leaving but each situation is different so I wanted to throw mine out there.

    I am a salaried worker in the computer industry where I perform professional services for a software vendor. In an incident where the President of my company told a major client and a reseller of our software that their problems with our product were due to my inexperience and lack of technical knowledge, I informally gave two weeks notice over e-mail since not being able to work with a major client and reseller because of the perception that was given to them damages my ability to perform my job (I can't work with them now.) Prior to this I was not informed that there were any problem with my work in general or in this case at all. My boss was and still is happy with my performance.

    I want to put in a claim for UI benefits after separation. I have been advised by a good friend in the HR administration field that I have a decent case and that I should also ask my employer ahead of time if they would "support" such a claim. Obviously that is different from what I have seen around here. So my questions are:

    -Should I talk more in depth about this with an Attorney or is that a waste of time and money?

    -Should I let my employer know I plan to claim?

    Thanks,
    Andrew

  • #2
    You can file if you want to but I have experience with UI in MA from both sides of the desk and unless there is considerably more to the story than you have posted, I will be astounded if you are granted benefits. I do not agree with your friend that you have a "good case".

    You don't need to tell your employer that you are applying; the DET will tell them.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      You can file if you want to but I have experience with UI in MA from both sides of the desk and unless there is considerably more to the story than you have posted, I will be astounded if you are granted benefits. I do not agree with your friend that you have a "good case".

      You don't need to tell your employer that you are applying; the DET will tell them.


      I gotcha. There's not much more to the story, there have been some issues with me being treated different because of our President's 'opinion' of me despite the internal satisfaction with my work but I had not brought anything to HR.

      I realize the DET will inform the employer, the advice given to me was to inform them ahead of time in some sort of "good faith" gesture hoping that they would not appeal any decision to grant benefits, or contest the idea that I was under some undue stress.

      The story related to me by the friend was one where an employee she was dealing with quit unexpectedly, claimed they were suffering from "undue stress" and collected benefits, and the employer decided not to appeal.

      Thanks for the advice!
      Andrew

      Comment


      • #4
        It is not necessary for your employer to contest benefits for the state to turn you down. I have had employees denied benefits when their reason for leaving did not qualify under state law for benefits, even when I did not contest.

        "Undue stress" is a pretty subjective issue, and the standard is pretty high. While a lot depends on the adjudicator, I don't think your employer offering a negative opinion to one client and your quitting in retaliation (which is what i looks like to the outside observer, even though I realize it doesn't look that way to you) is going to meet it.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Thanks for the follow-up.

          cbg, where are these things like undue stress defined if at all? Is it just precedence in hearings, some guidelines, or actually written down, and accessible where one can read it? I could not find in Chapter 151A any definition of what "good cause" means when terminating employment, I thought it might lie elsewhere.

          As you might guess of course I do see the reason for separation as different, I see this event as the last-straw so to speak, if there are other factors that play into it and there could actually be a case there I'd like to explore it. Until then it's like a Voodoo black box, I tell the UI claims person my story, and based on some unknown factors they spit back a yes or a no. However I do not intend to discount your experienced opinion!

          Andrew

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          • #6
            My source does not show "undue stress" as being a recognized qualification for quitting at all. As such, it will be extremely situation specific and not defined anywhere - at least, not that is accessable to you or me. I truly would not hold out much hope for that one.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment

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