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0080 8486 90
0080 8486 90 (Apr. 29, 2024) – The claimant was not in unemployment under G.L. c. 151A, §§ 29 and 1(r), during the week of May 28, 2023, because she received remuneration in the form of vacation pay during a period of regular employment for that week. Nor was she eligible the following week, the week of June 4, 2023, because she was not capable of or available for work while seeking treatment at an inpatient detoxification facility.
0056 2786 42
0056 2786 42 (Apr. 26, 2024) – Recoverable draws on commission are remuneration because their purpose is to compensate claimants for services rendered to their employers. Where a draw on commission is recovered, it is considered earnings attributed to the weeks in which the draw was recovered. If not recovered, the draws are earnings attributed to the weeks in which they were originally received. Here, because the employer recovered the claimant’s draws later in his employment, held he had no earnings in the weeks the draws were originally received. However, as the claimant performed an average of 40 hours of work per week for the employer during this same period, he did not meet the definition of being in unemployment under G.L. c. 151A, §§ 29 and 1(r), because he was not available for full-time work.
0079 2509 83
0079 2509 83 (Mar. 18, 2024) – The claimant, sole owner of the employer, was not available for work during the weeks when he continued to perform substantial work in self-employment. Held he remained ineligible when the employer transferred the claimant’s duties to an independent contractor. Even though the transfer of work meant the claimant was no longer performing any work in self-employment, he chose to hire the independent contractor and transfer all of his work to that contractor. Thus, he created his own unemployment and was ineligible for benefits pursuant to G.L. c. 151A, §§ 29 and 1(r).
0075 5579 22
0075 5579 22 (July 28, 2023) – The claimant refused to cross a picket line set up by striking coworkers who belonged to a different union. Because the claimant risked jeopardizing his own union membership in good standing if he crossed the picket line, and he would lose his job if he did not maintain membership in good standing, held the claimant was in unemployment and entitled to benefits pursuant to G.L. c. 151A, §§ 29 and 1(r). While the other union maintained its picket line, the claimant’s job had become unsuitable.
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.
0058 3800 18
0058 3800 18 (Feb. 24, 2022) – Spin instructor was in total unemployment pursuant to G.L. c. 151A, §§ 29 and 1(r), when her employer shut down due to the COVID-19 public health emergency. During this time, she was available for remote work, but the employer never assigned any to her. As the employer’s PPP payments to her were not for the performance of any work, they did not constitute disqualifying remuneration under G.L. c. 151A, § 1(r)(3). Upon her return, she remained in partial unemployment because she continued to be available for all suitable work, but her hours had been drastically reduced.
0057 9775 06
0057 9775 06 (Mar. 31, 2021) – While the president of a corporation performed only a couple of hours of unpaid work for his business after it was closed due to COVID-19, he was eligible for benefits under G.L. c. 151A, §§ 29 and 1(r). However, once he began working full-time hours, even though unpaid, he was deemed to be unavailable for other, paid full-time work and, thus, he did not meet the availability requirements to be in total or partial unemployment under the statute.
N6-FM22-N44K
N6-FM22-N44K (Dec. 30, 2020) – The claimant author-artist worked between 60-70 hours during the week beginning September 20, 2020 in the hope that her work would be used and she would be compensated. As she was attempting to re-establish her self-employment, she met the PUA eligibility requirements under the CARES Act and 20 CFR § 625.4(g).