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MS 200.00 Pre-dating Claims

Click on the case numbers below to access decisions relating to the pre-dating of claims under G.L. c. 151A, §§ 23 and 62A.

0062 9607 97

0062 9607 97 (Feb. 24, 2022) – In light of the mandatory language under G.L. c. 151A, § 62A(g), the claimant is entitled to have his claim pre-dated, because the employer merely provided him with a link to an unemployment benefits website, rather than the required written notice including such information as the employer’s identification number and the address and telephone number of the DUA’s regional office.

0051 2492 08

0051 2492 08 (Sept. 1, 2021) – An employer email informing the claimant that she could file for benefits did not constitute specific written information about where and how to file an unemployment claim, as required under G.L. c. 151A, § 62A(g). She is automatically entitled to have her claim pre-dated to her first week of total unemployment without any further need to show good cause.

0049 0100 32

0049 0100 32 (May 21, 2021) – Since the claimant made several unsuccessful attempts to contact the agency online and by phone to file his claim, but was unable to contact a staff member due to unprecedented heavy call volume at the beginning of the COVID-19 pandemic, his claim is predated to the first week he initiated contact with the DUA.

0017 7491 67

0017 7491 67 (June 14, 2016) – The employer’s obligation to provide the claimant with notice of how to file an unemployment claim did not begin at the time the claimant’s hours were reduced, but began when the claimant separated to accept a job with another employer.

BR-109713

BR-109713 (Jan. 14, 2011) – A part-time, on-call claimant was entitled to have her claim pre-dated to the Sunday of her first week of total unemployment, because her employer failed to provide her with written information about filing a claim for unemployment benefits, as required under G.L. c. 151A, § 62A(g). She was not required to provide good cause under G.L. c. 151A, § 23.

BR-112109

BR-112109 (Nov. 30, 2010) – Since the employer did not provide written information about how to file for unemployment benefits within 30 days of the claimant's separation, as required under G.L. c. 151A, § 62A(g), the claimant is entitled to have his claim pre-dated automatically under G.L. c. 151A, § 23(b).

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