SS 100.00 Generally

Click the case numbers below to access decisions that address whether a claimant, who has been suspended from work, is eligible for unemployment benefits.

0030 4784 50

0030 4784 50 (Sept. 27, 2019) – Since the employer’s suspension notice recommended discharge following the claimant’s suspension, he did not have the right to return to work at the end of his suspension, and he is entitled to benefits pursuant to G.L. c. 151A, § 25(f) and 430 CMR 4.04(4).

0029 0310 98

0029 0310 98 (June 19, 2019) – Because state employee’s indictment was for non-work related misconduct, the Perry Law does not prohibit her from collecting unemployment compensation while on an indefinite suspension. She is eligible for benefits under G.L. c. 151A, § 25(f).

0020 5493 40

0020 5493 40 (Jan. 16, 2017) – Bus driver, who reported for work 5 hours after taking Percocet for back pain rather than call in sick, was disqualified under § 25(e)(2), after his discharge for driving under the influence of a narcotic. While serving his unpaid 10-week disciplinary suspension, the claimant was entitled to benefits under § 25(f) and 430 CMR 4.04(4), because he did not have a right to return to work at the end of the suspension period.

0016 3278 64

0016 3278 64 (Jan. 25, 2016) – Where a claimant has been removed from his position, such that his pay, benefits, and accrual of paid time off stops, his employment is deemed to be severed for purposes of G.L. c. 151A, § 25(e)(2), even if he has filed a grievance so that he may, at some point in the future, be reinstated to his job. [Appeal to District Court dismissed.]

0002 2514 44

0002 2514 44 (Sept. 11, 2014) – A claimant who was placed on a disciplinary suspension could not be disqualified under G.L. c. 151A, § 25(f), because the suspension was indefinite. Since the claimant remained on suspension at the time he filed an unemployment claim, his separation was properly analyzed under G.L. c. 151A, § 29, regardless of the fact that he was subsequently discharged.   

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