- left your job voluntarily, without good cause attributable to your employer.
- were fired for deliberate misconduct or violation of a company rule.
- were suspended because you broke company rules or regulations.
- left your job because you were convicted of a felony or misdemeanor.
- are not able to work, available for work or actively seeking employment.
- are unemployed because you are participating in a work stoppage due to a labor dispute.
- refuse an offer of suitable employment.
- are working full-time, either self-employed or for an employer.
If you are disqualified, prepare for your appeal
You will receive a written notice of your disqualification and information on filing your appeal. To request a hearing, just complete the bottom of your disqualification notice, indicating you want to appeal, and mail it to DUA. You have 10 days to file an appeal. Do not delay mailing this form. As soon as you appeal, it is important to begin immediate preparations for your hearing.
At your hearing, you have the right to be represented by a lawyer or any other person you believe will be able to assist you in presenting your case. If you want legal representation and cannot afford to pay an attorney, local legal service agencies may be able to help you.
The Massachusetts Bar Association may also be able to refer you to a lawyer who handles unemployment insurance cases. Because of the time it may take to obtain a lawyer and prepare your case, if you decide that you want a lawyer, you should arrange for representation as soon as you are informed of your disqualification. Do not wait until you are given the actual date of your hearing.
Continue signing for benefits
If you decide to appeal and are waiting for a hearing, continue signing for benefits and maintain your worksearch activities for any weeks you are unemployed. It is also important that you maintain records of these worksearch activities. By doing this, you will protect your rights to collect benefits for the weeks of your disqualification, should you win your appeal.
You have additional appeal rights
If you remain disqualified following your appeal and hearing, you may appeal to the independent Board of Review. If your appeal to the Board of Review is not successful, you have the right to file an appeal in district court.
If you have an overpayment
If you received benefits, are then disqualified, and your disqualification is not overturned as a result of your appeal, you will have what is known as an "overpayment." This means you received benefits to which you were not entitled and you may be required to repay these benefits to DUA.
As with other determinations on your claim, you have the right to appeal your overpayment determination.
Repayment is required in all cases where the overpayment is determined to be a result of fraud.
A waiver of overpayment which means you do not have to repay DUA may be requested in cases where the overpayment is not the result of fraud.
Obtaining a waiver of overpayment
If you wish to apply for a waiver, call the TeleClaim Center customer assistance unit and ask to have the forms mailed to you.
The waiver application form requests information on your current financial situation, including your income and financial assets and property. It is important to complete all requested information.
If your waiver request is denied, you have the right to a further appeal.