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Christina L Montgomery

Christina Montgomery’s Answers

12 total


  • What do I do when I move from MA to FL about my unemployment?

    I am currently receiving MA unemployment but will move to FL in late June. What steps do I need to take to make sure my MA payments continue?

    Christina’s Answer

    Make sure that DUA has your new address and phone number, and, if you have direct deposit, make sure that they know of any changes in your bank account information. Also, make sure that you are continuing to look for work and are certifying every week that you are able, available and looking for work. If you have specific questions about your claim, you should call the numbers listed in the link provided by Attorney Satterwhite.

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  • Denied UI in MA due to "voluntary quit" and relocation. Should I go through with appeal?

    My 'voluntary' quit was brought on my harassment & discrimination I experienced upon returning from an approved medical leave. I have documentation of trying to resolve issues that had come up and all avenues I took in order to report these issue...

    Christina’s Answer

    It depends. Was the reason you ultimately left to follow your husband to his new employment? If so, then you will likely not be eligible. However, if you would have stayed and continued to work regardless of the fact that your husband moved for a new job, but did not stay at your job because of harassment and discrimination then your chances of proving eligibility are better. It won't be easy to convince a review examiner that you would have stayed put after your spouse moved, but it's not impossible to be able to successfully make that argument. You should contact a firm that handles a significant amount of unemployment cases to explore the specific details of your case further.

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  • Disqualified for unemployment benefits after leaving a temp job due to health reasons. Do I have a good case for appeal?

    I was laid off from a job last year and was granted unemployment benefits. After several months I found a full-time temp job and after a few weeks I needed to leave due to health reasons (I have medical documentation confirming this) and was told ...

    Christina’s Answer

    It's unclear to me if you have already had an appeal hearing, if you are about to have one, or if you were denied based on the late appeal issue. You should see an attorney who handles unemployment cases ASAP. Recently, I have had a number of clients told that their appeals are late, when in fact they are not. An experienced attorney may be able to tell if this is the case for you. You also can overcome a late appeal if you have good cause for being late.
    As to your question of whether you can overcome a disqualification based on leaving a job for health reasons - that depends on the details of your situation, such as whether or not you were still able to work a job, even if the one you were working was not a possibility, and whether or not you took efforts to preserve your employment. Again, you should consult an attorney because these cases are very fact specific.

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  • Can my boss contest my unemployment claim if he says I resigned but forced me to quit?

    If I was forced to quit..my boss told me it wasn't working out with me and said normally she would fire me but I could sign a resignation letter she typed for me. If I don't sign it I will be fired but if I do sign it I will get a recommendation f...

    Christina’s Answer

    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 separation performance based or for some other reason.

    You may want to consult with an attorney, such as myself, who regularly handles unemployment cases to discuss the specifics of your situation.

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  • Denied unemployment for quitting due to child care issues

    I was on maternity leave at my job and was scheduled to return to work on a specific date. 2 days before my return the person who was going to be caring for my newborn child, was hurt in an accident. I no longer had child care and didn't know what...

    Christina’s 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 seeking the assistance of an attorney, such as myself, who frequently handles unemployment matters to review the details of your specific situation. Having an attorney explain the law to you and help you prepare your testimony for the hearing can be very helpful to your chances of winning.

    Good luck!

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

    Employer offered 4 weeks severance to be spread over an 8-week period - the reason given was to delay his having to find health insurance for 60 days instead of 30 days (he has dependent children). Is this legal? Also, will this cause him to hav...

    Christina’s Answer

    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 with an experienced employment lawyer to see if he has any potential claims that might give him leverage to negotiate better severance terms than 4 weeks.

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

    My husband was laid off and signed a severance package. My understanding is that with this release, my husband should be able to collect benefits with the severance. It has been six weeks since the unemployment claim was first filed, and he stil...

    Christina’s 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 eligibility for the amount of time of the pay out (i.e., 4 weeks of severance delays eligibility by 4 weeks). A release a claims is considered by DUA as having been given in exchange for a severance pay out, so there is likely not a delay in eligibility. DUA will also look at the reason for the separation to see if it is truly a lay off or a termination of another kind (for rule violation or misconduct). Without knowing and reviewing all the facts of your husband's separation, I can't remark on whether or not he is eligible, or how delayed his benefits might be.

    Six weeks is, unfortunately, not a long delay for unemployment right now. My clients are routinely seeing delays like that, or longer. But, even if unemployment is delayed, or temporarily denied, a claimant who is deemed eligible will receive all the back money due once eligibility is determined.

    Six weeks is, unfortunately, not a long delay for unemployment right now. My clients are routinely seeing delays like that, or longer. But, even if unemployment is delayed for awhile, or temporarily denied, a claimant who is deemed eligible will receive all the back money due once eligibility is determined.

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

    it's been 10 months since my manager was hired. He is very discriminative towards me since I am asian. He put me on performance plan in August. I complained to HR and now HR is supporting him. Last month I passed out at work and was taken to emerg...

    Christina’s Answer

    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.

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

    and in treatment for major depression,attention deficit disorder which came about after traumatic incident at my house employeed 6 yr treatment last 2 year

    Christina’s Answer

    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?

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

    I was laid off and received a lump sum severance check. Unemployment will hold off payments until the length of the severance is over. I've been told this is because I was not asked to sign a "release of claims" on my last day.

    Christina’s Answer

    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 there is a release of claims for the reasons the other respondents have already addressed.

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