Board of Review Decision 352-NFLH-NT74

Where the claimant has shown that prior to his deadline for participating in a RESEA review, he received an offer for a full-time job, which was originally scheduled to start before or within two weeks of his RESEA review deadline, the Board held he had good cause for his failure to meet the RESEA deadline. He may not be denied benefits pursuant to G.L. c. 151A, § 25(a).

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Issue ID: 352-NFLH-NT74

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 unemployment benefits. We review, pursuant to our authority under G.L. c. 151A, § 41, and reverse. 

The claimant filed a claim for unemployment benefits with the DUA, effective September 21, 2025, which was approved. However, in a determination issued on December 30, 2025, the DUA disqualified the claimant from receiving benefits beginning the week of December 27, 2025, because he did not complete his RESEA (Reemployment Services and Eligibility Assessment) review as required under G.L. c. 151A, § 25(a). The claimant appealed the determination to the DUA hearings department. Following a hearing on the merits, the review examiner affirmed the agency’s determination and denied benefits in a decision rendered on February 11, 2026. We accepted the claimant’s application for review.

Benefits were denied after the review examiner determined that the claimant did not have good cause to miss his scheduled RESEA review meeting, and, thus, he was disqualified under G.L. c. 151A, § 25(a). Our decision is based upon our review of the entire record, including the recorded testimony and evidence from the hearing, the review examiner’s decision, and the claimant’s appeal.

The issue before the Board is whether the review examiner’s decision, which concluded that the claimant’s decision not to complete the RESEA program because he had received job offers did not constitute good cause for failing to timely complete his RESEA review, is supported by substantial and credible evidence and is free from error of law.

Findings of Fact

The review examiner’s findings of fact are set forth below in their entirety:

1. The claimant filed an unemployment claim effective for the week beginning 9/21/2025. 
2. When the claimant separated from his most recent employer, it provided him with a human resources consultant (HR Consultant) to assist him with obtaining new employment. He met with the Consultant on a weekly basis. 
3. On 11/25/2025, the Department of Unemployment Assistance (DUA) sent notification (Notice) to the claimant of the requirement that he attend the Reemployment Services Eligibility Assessment (RESEA) Review and complete all the program requirements through a MassHire Center by 12/26/2025, in order to prevent the loss of his unemployment benefits. 
4. The claimant received the Notice in his online inbox on an unknown date, prior to 12/12/2025. 
5. The claimant read and understood the Notice. He read the deadline. 
6. The claimant spoke with the Consultant and asked about the Notice. The Consultant informed him that it was a class to assist him with finding new employment. 
7. The Consultant did not discourage the claimant from completing the RESEA Program requirements. 
8. In early 12/2025, the claimant had been offered three jobs and was in the process of negotiating new employment. 
9. The claimant believed it was “silly” and a “waste of time” to complete the RESEA Program requirements because he had three offers of employment. 
10. On 12/16/2025, the claimant received a Notice of Disqualification under Section 25(a) of the Law for not completing the pre-required Career Center Seminar (CCS) by the deadline. 
11. On 12/30/2025, the claimant received a Notice of Disqualification under Section 25(a) of the Law for not completing the RESEA Program by the deadline. 
12. After he read the disqualifications and his benefits stopped, the claimant contacted a MassHire center and scheduled an appointment to complete the CCS on 1/12/2026. 
13. On 1/12/2026, the claimant completed the CCS. 
14. After the CCS, the claimant completed the RESEA Review and all the program requirements on 1/16/2026.

Ruling of the Board

In accordance with our statutory obligation, we review the decision made by the review examiner to determine: (1) whether the findings are supported by substantial and credible evidence; and (2) whether the review examiner’s conclusion is free from error of law. Upon such review, the Board adopts the review examiner’s findings of fact and deems them to be supported by substantial and credible evidence. However, as discussed more fully below, we reject the review examiner’s legal conclusion that the claimant is not entitled to benefits.

The review examiner disqualified the claimant for failing to meet the requirements set forth under G.L. c. 151A, § 25(a), which provides, in relevant part, as follows:

[No waiting period shall be allowed and no benefits shall be paid to an individual under this chapter for—] (a) Any week in which he fails without good cause to comply with the registration and filing requirements of the commissioner. The commissioner shall furnish copies of such requirements to each employer, who shall notify his employees of the terms thereof when they become unemployed.

Specifically, she concluded that the claimant had not shown good cause for failing to meet the DUA’s requirement that he timely complete a RESEA review. Those requirements are found under 430 CMR 4.01(8)(a), which provide, in pertinent part:

(8) Profiling.

(a)  Any individual who has been identified pursuant to a profiling system established by the Commissioner as likely to exhaust regular benefits and in need of job search assistance services to make a successful transition to new employment shall not be eligible for benefits for any week such individual fails without good cause to attend and participate in a reemployment services seminar or such follow-up review sessions as directed by the Commissioner.

(b)  For the purposes of 430 CMR 4.01(8)(a), the term “good cause” shall mean:

1. attendance at a job interview;

2. claimant, household member or immediate family member illness;

3. emergency family care issue, provided, that attempts to secure family care for the scheduled activity have been made;

4. unexpected transportation problems;

5. previously scheduled health-related appointments;

6. jury duty;

7. death of a household member or immediate family member (including a spouse, child, parent, brother, sister, grandparent, stepchild, or parent of a spouse);

8. the individual’s need to address the physical, psychological and legal effects of domestic violence as defined in M.G.L. c. 151A, § 1(g½); and

9. other circumstances which the Commissioner determines are beyond the individual’s control; and

(c)  An individual who fails to attend a reemployment services seminar or review session (either for good cause or otherwise) shall attend a rescheduled seminar or review session as directed by the Commissioner.

(d)  A claimant who has been determined to have good cause for failing to attend a reemployment services seminar or review session shall be eligible for benefits, provided, that the claimant is otherwise eligible for benefits under the other provisions of M.G.L. c. 151A.

(Emphasis added.)

As highlighted above, the purpose of conducting RESEA reviews is to provide job search assistance to unemployed individuals whom the agency identifies as likely to need assistance to find new employment. 430 CMR 4.01(8)(a). Consistent with this purpose, the Board has held that, since attendance at a job interview is listed as one of the circumstances that constitutes good cause for failing to timely complete the RESEA requirements under 430 CMR 4.01(8)(b)(1), it stands to reason that securing a full-time job also constitutes good cause. See Board of Review Decision 0030 9537 40 (Sept. 23, 2019) (receiving of an offer to start a full-time job within a couple of weeks of a scheduled RESEA review constituted good cause for the claimant’s failure to attend). This is because the claimant no longer needs job search assistance from the RESEA program.

Here, the findings show that, weeks before the December 26, 2025, RESEA review deadline, the claimant received three job offers. See Finding of Fact 8. The only reason he did not attend the RESEA review is because he accepted one of these offers and was initially scheduled to begin this new full-time job that month. 

Because the record shows that the claimant was scheduled to begin a new full-time job before or within two weeks of his scheduled RESEA review, we conclude as a matter of law that the claimant had good cause under 430 CMR 4.01(8)(a) to miss his RESEA review. The claimant may not be disqualified pursuant to G.L. c. 151A, § 25(a). 

The review examiner’s decision is reversed. The claimant is entitled to receive benefits for the week beginning December 27, 2025, and for subsequent weeks if otherwise eligible.

Boston, Massachusetts                                              Date of Decision – April 9, 2026

1. The claimant testified that he received three full-time job offers in early December, 2025, was originally scheduled to begin his job with [Company A] in December, 2025, and this was postponed to January, 2026. This testimony, while not explicitly incorporated into the review examiner’s findings, is part of the unchallenged evidence introduced at the hearing and placed in the record, and it is thus properly referred to in our decision today. See Bleich v. Maimonides School, 447 Mass. 38, 40 (2006); Allen of Michigan, Inc. v. Deputy Dir. of Department of Employment and Training, 64 Mass. App. Ct. 370, 371 (2005).

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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