For Massachusetts employers, terminating an employee for violating a workplace rule does not necessarily mean the employee will be denied unemployment benefits. A recent Massachusetts Appeals Court decision involving Boston Medical Center (BMC) highlights an important distinction: conduct that justifies termination is not always enough to disqualify an employee from receiving unemployment benefits.
When can a terminated employee receive unemployment benefits?
Massachusetts law generally provides unemployment benefits to eligible employees who become unemployed through no fault of their own. However, an employee may be disqualified if the employer can establish that the termination resulted from deliberate misconduct in willful disregard of the employer’s interests or from a knowing violation of a reasonable and uniformly enforced workplace rule or policy.
A policy violation alone may not be enough
The recent Appeals Court decision, Alicea v. Director of the Department of Unemployment Assistance, provides a good example. The employee, a medical assistant at BMC, was let go after patient records were accessed through her computer account. BMC required employees to lock their computers or log out when stepping away, but this employee minimized her screen because she believed logging in and out slowed down her work.
Although the employee’s conduct violated BMC’s computer-security expectations and may have provided a legitimate reason for termination, the Appeals Court concluded that the evidence did not establish that she acted in willful disregard of BMC’s interests. As a result, she was not disqualified from receiving unemployment benefits. More on this case can be found on Massachusetts Lawyers Weekly.
An employer may have a legitimate reason to terminate an employee, but that does not necessarily mean the employee will be disqualified from receiving unemployment benefits.
When contesting a claim, employers must establish that the employee’s conduct meets the specific legal standard for disqualification. Depending on the circumstances, this may require demonstrating that the employee acted deliberately, knowingly violated a reasonable workplace policy, or acted in willful disregard of the employer’s interests.
The Takeaway for Employers
A serious policy violation may justify termination without automatically disqualifying an employee from unemployment benefits. Employers should carefully document the circumstances leading to termination and prepare to demonstrate how the employee’s conduct satisfies the specific legal standard for disqualification.
If you are considering terminating an employee or have received an unemployment claim following a termination, consulting with an employment attorney can help you evaluate the circumstances and determine how best to respond.
The experienced team at Pregent Law is here to help. Contact Us today.
