RIVARD v. DIR. OF THE DIVISION OF EMP. SECURITY


387 Mass. 528 (1982)

441 N.E.2d 257

DANIEL RIVARD vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY.

Supreme Judicial Court of Massachusetts, Bristol.

October 27, 1982.


Attorney(s) appearing for the Case

Theodore J. Koban for the employee.

Francis X. Bellotti, Attorney General, & George J. Mahanna, Assistant Attorney General, for Director of the Division of Employment Security.

Robert S. Ovoian, Assistant City Solicitor, for the city of Attleboro.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

In this appeal by a claimant for unemployment compensation benefits, we are presented with the questions whether a person whose employment was barred by statute, because of his own act, may nevertheless receive unemployment compensation when the employer, realizing the statutory prohibition, ceased to employ the claimant. In the terms of G.L.c. 151A, § 25 (e) (1), may benefits be denied to such a person because he left his job "voluntarily...

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