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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.

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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