Board of Review Decision 352-N4HV-FNRN

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
Phone: [phone]
Fax: [phone]

Issue ID: 352-N4HV-FNRN

Board of Review Decision

Introduction and Procedural History of this Appeal

The employer appeals a decision by a review examiner of the Department of Unemployment Assistance (DUA) to award the claimant benefits following her separation from employment on August 7, 2025. We review, pursuant to our authority under G.L. c. 151A, § 41, and affirm.

On October 8, 2025, the agency initially determined that the claimant was not entitled to unemployment benefits. The claimant appealed, and both parties attended the hearing. In a decision rendered on January 20, 2026, the review examiner reversed the agency’s determination, concluding that the claimant did not engage in deliberate misconduct in wilful disregard of the employer’s interest or knowingly violate a reasonable and uniformly enforced rule or policy of the employer and, thus, was not disqualified under G.L. c. 151A, § 25(e)(2). The Board accepts the employer’s application for review. 

Ruling of the Board

After considering the recorded testimony and evidence from the hearing, the review examiner’s decision, and the employer’s appeal, we conclude that the review examiner’s decision is based on substantial evidence and is free from any error of law affecting substantive rights.

In doing so, we note that in her findings, the review examiner erroneously stated that the employer does not have a written rule or policy. This is unsupported by the record. However, this error does not alter our conclusion in this case. 

The review examiner’s decision is affirmed. The claimant is entitled to receive benefits for the week ending August 9, 2025, and for subsequent weeks if otherwise eligible.

Boston, Massachusetts                                              Date of Decision - May 12, 2026

Charlene A Stawicki, Esquire
Member

Michael J. Albano
Member

Any further appeal would further appeal further appeal would be to a Massachusetts State District Court.
(See Section 42, Chapter 151A, General Laws, Enclosed)

The last day to appeal this decision to a Massachusetts District Court is thirty days from the mail date on the first page of this decision. If that thirtieth day falls on a Saturday, Sunday, or legal holiday, the last day to appeal this decision is the business day next following the thirtieth day.

Visit this page to locate the nearest Massachusetts District Court.

Please be advised that fees for services rendered by an attorney or agent to a claimant in connection with an appeal to the Board of Review are not payable unless submitted to the Board of Review for approval, under G.L. c. 151A, § 37.

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