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UU 400.1 Declines Hours

Click on the case numbers below to access decisions that consider whether a claimant who turns down work hours is eligible for unemployment benefits.

0029 1777 04

0029 1777 04 (Sept. 18, 2019) – The claimant was neither in partial nor total unemployment during the period he was laid off from his full-time employer. He failed to search for full-time work and refused to work more than one shift a week for his part-time employer. Waiting for an indefinite recall date is not a basis for declining to seek full-time work. The claimant also failed to present evidence that he had a medical condition that warranted refusing additional suitable work from his part-time employer.

0027 6968 52

0027 6968 52 (May 20, 2019) – Part-time substitute teacher did not accept all work offered by the employer, because she was taking classes at the Career Center and interviewing for full-time jobs. Held the claimant was in partial unemployment and will not be penalized for failing to accept shifts in order to engage in work-search activities designed to return to full-time employment.

0021 5590 48

0021 5590 48 (Jan. 31, 2018) – The on-call snow-plowing work offered to the claimant became unsuitable when the claimant's domestic circumstances prevented him from accepting the work during two weeks of his claim. Declining work during another week subjected him to lost time charges because his reason, short notice, was an expected term of employment.

0014 3830 98

0014 3830 98 (Aug. 12, 2015)  Part-time behavioral therapist should not have been disqualified for turning down assignments that required her to drive 1-2 hours during rush hour, without being compensated for travel time, for 2 hours of work. Such assignments were economically unsuitable.

0014 0062 59

0014 0062 59 (Mar. 9, 2015) – A claimant, who turned down a number of hours per week from the employer at a location which she reasonably believed caused her health problems, was entitled to partial unemployment benefits. In light of other statutory provisions and applicable case law, we interpret G.L. c. 151A, § 1(r)(1), to permit a claimant to refuse unsuitable work.

0012 3564 87

0012 3564 87 (Oct. 10, 2014) – A laid-off commercial driver and carpenter was not disqualified pursuant to G.L. c. 151A, §§ 29 and 1(r), when he declined to accept additional hours of work from his part-time subsidiary employer. The offered work was not suitable full-time employment, because it was several dollars less per hour than his customary work and outside of his usual occupational field. 

0001 1361 33

0001 1361 33 (Sept. 15, 2014) – A claimant, who refused an offer of work from one employer because she was working in other suitable employment, was not disqualified under G.L. c. 151A, §§ 29(a),(b), and 1(r).

0002 1114 94

0002 1114 94 (Nov. 4, 2013) – Held that claimant with two part-time jobs was in partial unemployment during a week when her employer reduced her hours. She was not required to turn down work from the other employer in order to make herself more available to the employer for replacement hours.

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