Thread regarding Verizon Communications Inc. layoffs

MA Unemployment

Has anybody actually been approved for UI in Massachusetts? I received 2 checks and have since been denied because I volunteered to leave.

an agreement by an employee to take a lump-sum payment upon separation in return for the employee’s release of claims against the employer will not constitute the kind of payment that disqualifies the employee from receiving UI concurrently with the severance payment. White v. Commissioner of the Dep’t of Employment Dicerbo v. Commissioner of the Dep’t of Employment & Training, 54 Mass. App. Ct. 128, 763 N.E.2d 566 (2002) (holding employees’ receipt of a lump-sum separation package,

https://www.masslegalservices.org/content/44-persons-receiving-severance-pay-or-other-lump-sum-payments-upon-separation-employment

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| 1581 views | | 5 replies (last February 13, 2019) | Reply
Post ID: @OP+XxZfCfm

5 replies (most recent on top)

But you choose early retirement.

You are not unemployed like my kids were during the Obama depression !

Bit Massachusetts needs the money.

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Post ID: @4fzo+XxZfCfm

Getting paid unemployment in WA State. Glad the scab taxes I paid on the east coast are being managed well.

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Post ID: @3bjx+XxZfCfm

I just got refuse Unemployment in the State of New Jersey. I took the VSP Package and my last day was December 28

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Post ID: @2suj+XxZfCfm

Not true in MA according to their statute.... read.... is not subject to disqualification.

I'd appeal.

When given a choice by management of remaining at work or accepting a layoff due to a general reduction in the workforce, a claimant who agrees to be laid off is not subject to disqualification. SRH § 1208(E). This is because it is the employer who decides to lay off staff, and the employer can accept or reject the claimant’s offer. Morillo v. Director of the Div. of Employment Security, 394 Mass. 765, 477 N.E.2d 412 (1985). However, the holding of Morillo is limited to circumstances in which the employer has announced that layoffs will occur and does not provide a financial incentive for employees to choose in lieu of layoff. Connolly v. Director of the Div. of Unemployment Assistance, 460 Mass. 24, 28, 948 N.E.2d 1218 (2011) (claimant who accepted severance package was not eligible for UI where she was not compelled to apply for the termination, did not believe her job was in jeopardy, and left in part for personal reasons). In so holding, the Connolly Court found that there was no analytical difference in early retirement and incentive-based termination packages, and that it was not dispositive that the employer had made the final decision in accepting the claimant’s resignation.

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Post ID: @1mba+XxZfCfm

That is correct in most states. You volunteer, no unemployment

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Post ID: @1cbi+XxZfCfm

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