Legal Question in Administrative Law in Massachusetts
I was disqualified from receiving unemployment benefits the reason given in writing "you failed to respond to a request for information to establish that your leaving work was for good cause attributable to the employing unit, or for urgent, compelling, and necessitous reasons. Under these circumstances, your leaving work is determined to be voluntary and without good cause attributable to employing unit. You failed to provide information."
I was never given a request for such information so I appealed. I was finally given my hearing date, it's in a week and a half. However THEY CHANGED THE ISSUE, now instead of I failed to provide information the issue to be heard is "Quit. MGL c. 151A, 25(e) - Whether there is substantial and credible evidence to show that the claimant left work voluntarily with good cause attributable to the employer or it's agent, or involuntarily for urgent, compelling and necessitous reasons."
I was clear that I was appealing the claim that I failed to provide information. I still have not received a questionarre or request for info on the matter.
Should I win on those grounds?
Can they still disqualify me again if I win?
1 Answer from Attorneys
The basic issue seems to be that your employer is claiming that you quit and/or left your job voluntarily, and you didn't provide any information to contradict that allegation. That is what you will have to address at your appeal, and not whether you were asked for information in the first place.
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