Board of Review Decision 352-N4K8-95K5

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

Issue ID: 352-N4K8-95K5

Board of Review Decision

Introduction and Procedural History of this Appeal

The claimant appeals a decision by a review examiner of the Department of Unemployment Assistance (DUA) to deny the claimant benefits following his separation from employment on May 14, 2025. We review, pursuant to our authority under G.L. c. 151A, § 41, and affirm. 

On October 10, 2025, the agency initially determined that the claimant was entitled to unemployment benefits. The employer appealed and only the employer attended the hearing. In a decision rendered on November 26, 2025, the review examiner reversed the agency determination, concluding that the claimant was discharged for a knowing violation of a reasonable and uniformly enforced policy or rule, and had engaged in deliberate misconduct in wilful disregard of the employer’s interest and, thus, was disqualified under G.L. c. 151A, § 25 (e)(2). The Board accepted the claimant’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 claimant’s appeal, we conclude that the review examiner’s decision to deny benefits is based on substantial evidence and is free from any error of law affecting substantive rights. Although we do not agree that the record shows a knowing violation of a uniformly enforced rule or policy, we agree that the employer has met its burden to demonstrate deliberate misconduct in wilful disregard of the employer’s policy pursuant to G.L. c. 151A, § 25(e)(2).

The review examiner’s decision is affirmed. The claimant is denied benefits for the week beginning May 25, 2025, and for subsequent weeks, until such time as he has had at least eight weeks of work and has earned an amount equivalent to or in excess of eight times his weekly benefit amount.

Boston, Massachusetts                                              Date of Decision – January 15, 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.

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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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