McDonald v. Director of the Division of Employment Security
McDonald v. Director of the Division of Employment Security
Opinion of the Court
Richard T. McDonald (claimant) left his employment with A-Copy, Inc. (employer), in August, 1983. McDonald applied to the Division of Employment Security (DES) for unemployment compensation benefits. The Director of DES determined that McDonald was eligible for benefits. The employer requested a hearing. The review examiner decided that McDonald was not eligible for benefits, finding that “since it has not been established that such work was unsuitable, such leaving, under the circumstances, is voluntary without good cause.”
We summarize the review examiner’s findings of fact. McDonald worked for a short time as a field sales representative for the employer, but was unable to continue because a physical disability made difficult the driving necessary to the job. The employer agreed to place him in a different job as a telemarketing representative, to solicit sales opportunities to be followed up by the field salesmen employed by A-Copy, Inc. The telemarketing job, newly created by the employer, was to pay $160 a week plus commissions on sales. After working in this job for about a month,
McDonald contends that the cause should be remanded for a new hearing because the review examiner failed to make subsidiary findings on several issues of fact crucial to his claim. He also claims that he was denied procedural due process in that he received inadequate notice of the issues to be decided by the review examiner. We do not reach the claimant’s due process argument because we agree that the review examiner erred by not making sufficient findings on the claim of the job’s unsuitability.
The claimant bears the burden of proving that the employment he was offered was unsuitable. See Graves v. Director of the Div. of Employment Sec., 384 Mass. 766, 768 (1981); Sohler v. Director of the Div. of Employment Sec., 377 Mass. 785, 788 n.1 (1979). Cf. Cantres v. Director of the Div. of Employment Sec., 396 Mass. 226, 231 (1985). A job’s suitability is dependent on many factors. See G. L. c. 151A, § 25 (c) (1984 ed.) (among factors to be considered are health, safety, morals, claimant’s prior education and training, travel distance and costs, whether remuneration is less than that prevailing for such work); Pacific Mills v. Director of the Div. of Employment Sec., 322 Mass. 345, 349-350 (1948) (skill and capacity of worker, accustomed remuneration, expectations of obtaining equivalent employment, general economic and labor-market conditions). Cf. Conlon v. Director of the Div. of Employment Sec., 382 Mass. 19, 23 (1980) (personal reasons may constitute good cause to reject otherwise suitable work). A substantial decline in wages may render a job unsuitable. Graves, supra at 768 & n.3.
The review examiner found that the claimant did not establish that the work was unsuitable. No evidence was introduced to counter McDonald’s claim of unsuitability.
We reverse the judgment of the District Court and order that the case be remanded to the Division of Employment Security, with instructions to make findings on the factors set forth in G. L. c. 151A, § 25 (c) (and explained in our case law) as subsidiary issues to the suitability of his employment.
So ordered.
General Laws c. 151A, § 25 (1984 ed.), in relevant part, provides: “No waiting period shall be allowed and no benefits shall be paid to an individual
The commissions earned by the claimant in this period amounted to only $30.
The evidence bearing on the suitability of McDonald’s employment was meager at best. But an unrepresented unemployment compensation claimant is entitled to reasonable assistance from the review examiner in presenting relevant evidence.
Reference
- Full Case Name
- Richard T. McDonald v. Director of the Division of Employment Security & another
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- 2 cases
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- Published