Board of Review Decision 352-NJ5H-MHFK

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Board of Review
100 Cambridge Street, Suite 400
Boston, MA 02114
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Issue ID: 352-NJ5H-MHFK

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 December 1, 2025. We review, pursuant to our authority under G.L. c. 151A, § 41, and affirm.

On February 2, 2026, 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 March 11, 2026, the review examiner affirmed the agency determination, concluding that the claimant knowingly violated a reasonable and uniformly enforced rule or policy of the employer 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 disqualify the claimant pursuant to G.L. c. 151A, § 25(e)(2), is based on substantial evidence and is free from any error of law affecting substantive rights. However, we do so on different grounds.

Specifically, the record fails to contain any evidence that the employer’s policy, which the claimant was fired for violating, was uniformly enforced. Therefore, the review examiner erred in concluding that the employer proved that the claimant engaged in a knowing violation of a reasonable and uniformly enforced policy. However, the record does support the conclusion that the claimant engaged in deliberate misconduct in wilful disregard of the employer’s interest. Because the latter is an alternative basis to disqualify the claimant pursuant to G.L. c. 151A, § 25(e)(2), she remains ineligible for benefits. 

The review examiner’s decision is affirmed. The claimant is denied benefits for the week ending December 6, 2025, and for subsequent weeks, until such time as she has had at least eight weeks of work and has earned an amount equivalent to or in excess of eight times her weekly benefit amount.

Boston, Massachusetts                                              Date of Decision – June 11, 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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