After months of anticipation, Attorney Murphy’s client, Ms. Audrey Moss, an accountant, received a favorable decision from the Massachusetts unemployment office’s appeals “Board of Review”. The Board of Review’s decision overturned an initial agency decision to deny Ms. Moss unemployment benefits. Thus, the Board of Review agreed with Attorney Murphy’s original argument that Ms. Moss’s second job as an on call, per diem health aid worker should not factor into the unemployment benefits determination in this case. This is because the per diem work in question is categorically different in nature than Ms. Moss’s primary position as an accountant, and as such Ms. Moss had no duty to accept further per diem work while she searched for gainful employment as an accountant. See Moss v. Cooperative Human Services, Docket No. BR-120292.
Attorney Murphy notes this case represents additional guidance when multiple job positions factor into unemployment eligibility determinations; but prospective clients should be advised there is no bright-line rule in this type of case.