Board of Review Decision 352-NF23-9332

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
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Issue ID: 352-NF23-9332

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 her separation from employment on April 9, 2023. We review, pursuant to our authority under G.L. c. 151A, § 41, and reverse.

On December 9, 2025, the agency initially determined that the claimant was not entitled to unemployment benefits. The claimant appealed, and only the claimant attended the hearing. In a decision rendered on February 23, 2026, the review examiner affirmed the agency determination, concluding that the claimant did not leave her employment to accept new full-time employment with a new employer and, thus, was disqualified under G.L. c. 151A, § 25(e). 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 it was an error to disqualify the claimant under G.L. c. 151A, § 25(e), because the employer was not an interested party employer pursuant to G.L. c. 151A, § 38(b). 

Under G.L. c. 151A, § 38(b), the DUA must give notice of a claim to the claimant’s most recent employing unit and to such other employers as the DUA shall prescribe. The DUA has prescribed that interested-party employers include those employers from whom the claimant became separated during the last eight weeks of employment prior to the effective date of his unemployment claim. Pursuant to this policy, a claimant’s eligibility under G.L. c. 151A, § 25(e), will only be based upon his separation from interested-party employers.

This policy is consistent with the eight-week disqualification period, which the Legislature embedded into G.L. c. 151A, § 25, which states:

[No waiting period shall be allowed and no benefits shall be paid to an individual under this chapter] . . . (e) For the period of unemployment next ensuing and until the individual has had at least eight weeks of work . . . after the individual has left work (1) voluntarily unless the employee establishes by substantial and credible evidence that he had good cause for leaving attributable to the employing unit or its agent, (2) by discharge shown to the satisfaction of the commissioner by substantial and credible evidence to be attributable to . . . a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee’s incompetence. . . .

(Emphasis added.)

Thus, an individual who separates from a prior employer and immediately files an unemployment claim may be disqualified under G.L. c. 151A, § 25(e)(1) or (2), depending upon the circumstances of that separation. However, what transpired with this former employer is not disqualifying if that individual subsequently performs eight weeks of work for another employer and then files a claim. The DUA has no interest in the prior employer’s separation because it has no bearing on whether the claimant is entitled to benefits under G.L. c. 151A, § 25.

The DUA’s electronic record keeping system shows the clamant worked for the instant employer from March 1, 2023, and last worked on April 9, 2023. She filed a claim for benefits with an effective date of November 30, 2025, based on a separation from a different employer. The system further shows that the claimant worked for that other employer beginning July 18, 2023, until November 30, 2025. Because DUA records show that the claimant did not work for the instant employer during the last eight weeks of employment prior to filing her claim, the employer is not an interested party employer. 

We, therefore, conclude as a matter of law that the claimant may not be disqualified under G.L. c. 151A, § 25(e), based upon her separation from this employer, because it was not an interested-party employer pursuant to G.L. c. 151A, § 38(b).

The review examiner’s decision is reversed. The claimant is entitled to receive benefits for the week ending December 6, 2025, and for subsequent weeks if otherwise eligible.

Boston, Massachusetts                                              Date of Decision – April 17, 2026

1. The claimant was determined to be eligible for benefits following her separation from this other employer in a separate determination (Issue ID # 352-NDNH-49DT).

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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