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Massachusetts Unemployment Case Law
From the Massachusetts Supreme Court Server
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A nurse was directed to visit a patient who lived an hour and a half away. Instead, she telephoned the patient's home.
She cleans in a nursing home. The company does not satisfy each criterion for her being an independent contractor. Therefore, they owe unemployment taxes on her wages.
DiCerbo et al
Severance pay disqualifies a claimant from unemployment benefits. A Transitional Financial Support Option (TFSO) mysteriously does not.
It's all a question of whether her vocational training program meets the criteria for waiving her work search requirements.
On the copier, they found a copy of a letter she had written to a competitor, offering to bring them all of her inside knowledge. They sent her home. On the way home, she called up her secretary and told her to nuke certain computer files. They fired her. She does not collect.
Lincoln Pharmacy
Two corporations with the same ownership cannot switch their payroll to the account with a lower tax rate.
She could not meet the work schedule because of problems with daycare.
A nurse aide was fired for cussing a resident in a nursing home. She collects.
Town Taxi
These taxi drivers satisfy each criterion for independent contractors. Therefore, the company does not have to pay unemployment taxes on their wages.
Tri-County Youth Programs
A woman driving a van for juvenile hall was assaulted by an inmate. She pressed charges, but they sent him right back to the same place that she worked. So she quit. She collects.
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