0074 1862 27
0074 1862 27 (July 26, 2023) – The claimant declined suitable work in order to prevent the part-time wages from affecting the amount of his unemployment benefits. Held he was not in total unemployment within the meaning of G.L. c. 151A, § 1(r)(2), during those weeks, and he was not entitled to any benefits. A constructive deduction was not appropriate, because he had not separated from the part-time employer. During another week when he worked some hours, he was in partial unemployment pursuant to G.L. c. 151A, § 1(r)(1), but subject to a lost time charge, because he declined additional hours of suitable work.
0073 3065 27
0073 3065 27 (July 14, 2023) – Claimant quit his part-time, subsidiary job eight weeks prior to filing a claim for benefits based upon a separation from his primary, full-time employer. Because he separated from his part-time job more than four weeks prior to filing his claim for benefits, he is not subject to loss of benefits.
0070 0585 22
0070 0585 22 (July 14, 2023) – The review examiner reasonably rejected the claimant’s testimony that he was let go for a lack of work and concluded that the claimant resigned. Because the claimant refused to provide evidence of why his license was suspended or explain any efforts he took to try to get his license reinstated so that he could commute to work, he did not show he resigned for urgent, compelling, and necessitous reasons within the meaning of G.L. c. 151A, § 25(e)(1). However, as his job with the employer was part-time employment and he separated from this job during his benefit year, he is only subject to a constructive deduction.
0027 2059 15
0027 2059 15 (Apr. 24, 2019) – When the claimant’s employer lost its contract with its client, the claimant accepted the client’s offer to perform the same part-time security job for a higher wage. Technically, his separation from the employer was disqualifying under G.L. c. 151A, § 25(e)(1). However, because this was benefit-year part-time work and the claimant immediately picked up another part-time job, 430 CMR 4.76 limits the disqualification penalty only to a reduction of his weekly benefit amount by the usual earnings disregard.
0011 4858 86
0011 4858 86 (June 19, 2014) – Under 430 CMR 4.76, a claimant may not be disqualified from benefits—or subject to a constructive deduction—if he quits a part-time job without knowledge of an impending separation from his full-time job.
BR-112903
BR-112903 (May 11, 2010) – After exhausting regular benefits and Emergency Unemployment Compensation benefits, a claimant was entitled to participate in the extended benefits program. Under G.L. c. 151A, § 30A(2), these extended benefits are reduced to the same extent as were the regular and EUC benefits—subject to a constructive deduction, which resulted from a disqualifying separation from part-time work in the benefit year.
BR-109779
BR-109779 (April 1, 2010) – A claimant with two part-time jobs quit the one with lower pay and fewer hours to work additional hours at the second. The Board ruled that the second job was her primary employer and that the lower paying job had been subsidiary part-time work. When she was laid off from her primary employer, she was entitled to benefits, but subject to a constructive deduction for leaving subsidiary part-time work without good cause attributable to the employer.