Christina L Montgomery’s Answers

Christina L Montgomery

Watertown Employment / Labor Attorney.

Contributor Level 5
  1. Can my boss contest my unemployment claim if he says I resigned but forced me to quit?

    Answered about 1 month ago.

    1. Christina L Montgomery
    2. Erik Hammarlund
    3. Michael J. Szklasz
    3 lawyer answers

    Any employer can contest an unemployment claim, but it is the state (through DUA) who decides if you are eligible. If you have been told "quit or we'll fire you" - that is not likely to be seen by DUA as a voluntary resignation. This is especially true where the employer actually drafts the resignation letter. DUA will look to see why you were being separated from employment and whether that reason is disqualifying. For example, did you commit misconduct or a rule violation or was the...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Have been doing business as a DBA for 15 years and am getting too old--can i collect unemployment benefits while seeking work

    Answered about 2 years ago.

    1. Christina L Montgomery
    1 lawyer answer

    Unemployment is only available for people who are out of work through no fault of their own. So deciding you are too old to do your job would probably not be qualifying. Is the dba your own business - are you self-employed? A worker is generally not eligible for unemployment in MA if he is self-employed regardless of how many years prior to that he paid into the system. You should contact an employment attorney with a good knowledge of the unemployment laws to look at the specific facts of...

    2 lawyers agreed with this answer

  3. Denied unemployment for quitting due to child care issues

    Answered about 1 month ago.

    1. Christina L Montgomery
    1 lawyer answer

    If a claimant has an "urgent, compelling and necessitous" reason to leave your employment, she can be found eligible for unemployment benefits in Massachusetts. Issues with child care often fall into that category. If a claimant did not know that a leave of absence would have been available, or believed that requesting a leave of absence was futile, neglecting to request it shouldn't prevent her from being approved for benefits assuming she is otherwise eligible. You should consider...

    1 lawyer agreed with this answer

  4. HR and my manager is retaliating against me for filing a discrimination complaint. passed out at work and now collegue threatned

    Answered 6 months ago.

    1. Christina L Montgomery
    2. Deborah Gwen Roher
    2 lawyer answers

    What is your question? Are you asking if the conduct of your manager is retaliation? You should consult an employment attorney who can review all of the details of your situation and help you evaluate whether or not you have any claims.

    1 lawyer agreed with this answer

  5. Can an unemployment claim be delayed or denied based on a PTO payout from former employer?

    Answered 6 months ago.

    1. Christina L Montgomery
    1 lawyer answer

    Severance pay and vacation pay are considered wages in Massachusetts and can certainly affect unemployment eligibility - at least temporarily. Generally the existence of vacation pay out or a severance agreement creates an "issue" for unemployment - that basically just means it gets a closer look. DUA will want to see the language of the agreement to see if there is a "release of claims." Agreements that contain compensation, but not a release of claims, will usually result in a delay of...

    1 person marked this answer as helpful

  6. Friend fired from job after 20 years of employment. No release of claims form offered or signed.

    Answered 2 months ago.

    1. Craig J. Tiedemann
    2. Henry Lebensbaum
    3. Christina L Montgomery
    3 lawyer answers

    If there was truly no release of claims, and he has accepted the severance, then unemployment will likely be delayed by the amount of time covered by the severance amount - 4 weeks. He should apply for unemployment right away though to avoid any delay of processing. The severance issue only affects his monetary eligibility, whether or not he will be eligible for unemployment based on the termination itself is a separate issue. After 20 years with the same employer I would advise him to speak...

  7. If Im disqualified from collecting unemployment due to deliberate misconduct tardiness Appeal treated by psychotherapy

    Answered 6 months ago.

    1. Deborah Gwen Roher
    2. Christina L Montgomery
    3. Terry David Horner
    3 lawyer answers

    You need to add more information to get a good answer. For instance: It's not clear what stage you are at in your appeal. Have you had an appeal hearing? Is the disqualification the initial determination or the result of an appeal hearing? Have you appealed to the Board of Review? What does the psychotherapist have to do with your tardiness?

  8. Why does NOT signing a "release of claims" despite receiving severance pay affect receiving unemployment?

    Answered almost 2 years ago.

    1. Robert M Fortgang
    2. Jeffrey K. Varszegi
    3. Christina L Montgomery
    3 lawyer answers

    In addition to the good info provided so far, I wanted to point out that the severance payment need not be a "lump sum" and its not about the delivery of the money that is the issue. It could very likely be that the sevance is a continuation of weekly wage payments for a certain period of time. Again, whether or not that money (however paid out) is considered remuneration by the Division of Unemployment Assistance! thus delaying your eligibility for unemployment, is based on whether or not...

  9. Unemployment

    Answered almost 4 years ago.

    1. Christina L Montgomery
    1 lawyer answer

    In order to be eligible for unemployment you must be able and available to work. If you were on a medical leave there may be an issue with your eligibility because not being able to work for medical reasons for your former employer might mean you are unable to work for other employers for medical reasons, regardless of whether or not your former employer contests your unemployment. The issue of the medical leave may not even come up if your termination was actually a lay off (and not some other...