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PT 200.00 Constructive Deduction

Click on the case numbers below to access decisions that apply the reduced weekly benefit amount penalty under 430 CMR 4.71 – 4.78 for leaving a benefit-year part-time job under disqualifying circumstances.

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 (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 (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.

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