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Disqualified for Unemployment - Case for appeal? "Caused my own unemployment"

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rackline

Junior Member
Disqualified for Unemployment - Case for appeal? "Caused my own unemployment"

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Massachusetts. I've been disqualified under General Laws Chapter 151A, Section 25(e) of the Massachusetts Unemployment Assistance Law. "You sold your interest in the corporation although not compelled to do so and thereby caused your own unemployment. Therefore, you are subject to disqualification under the above-cited section of the Law."

I recently sold my half of a small company to my partner because she wanted to bring on a third partner. When I refused, her postion was either buy her out, she buy me out, or dissolve the company. She didn't accept my offer to buy her out (which was less than her offer to me). Fearing her moving to dissolve the company which would lead to bankruptcy, I accepted her buyout offer.

In the purchase and sale agreement she required that I resign as an officer and employee of the company. I did tell the DUA representative that although though the requirement was in the contract, if it had not been it would have been unlikey that I would have contined to work there for my former partner. The former partner told the DUA rep that I knew when I accepted her buyout offer I would no longer be employed.

Do I have a case for appeal? While I did accept her buyout offer and technically caused my own unemployment, I didn't feel I had any choice. The buyout money essentially compensated me for my sweat equity and reduced salary since starting the company 2 1/2 years ago. With a child entering college next year I couldn't afford to see if she was bluffing about dissolving the company. And had the company been dissolved, the state would have been looking at 5 unemployment claims instead of my one.

Thanks for any thoughts
 


cbg

I'm a Northern Girl
You have the *right* to appeal. Whether you will be successful or not, is not something anyone here can gauge. Nor does our opinion count for anything; only the opinion of the adjudicator counts.

I do understand your position but there's just no way to say what will happen on appeal.
 

Beth3

Senior Member
You don't need a "case" for an appeal. Any of the parties involved are free to request a hearing and have the initial determination reviewed. The question is whether it's worth your time. In my opinion, it's not but you have nothing to lose by appealing the decision.

For all intents and purposes you quit. You voluntarily sold your interest in the company which included terms that your employment would cease. The State certainly won't make a ruling based on what didn't happen had you not sold your interest.
 

rackline

Junior Member
Thanks - Should I subpoena former partner

Would you recommend that I subpoena my former partner so that she can state under oath for the DUA review examiner that she was prepared to dissolve the corporation if I didn't accept her buyout offer?
Thanks
 

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