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MORILLO v. DIRECTOR OF THE DIVISION OF EMPLOYMENT SEC.

394 Mass. 765 (1985)

477 N.E.2d 412

HORACIO MORILLO vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY & another.

Supreme Judicial Court of Massachusetts, Essex.

May 8, 1985.

Attorney(s) appearing for the Case

James Breslauer for the employee.

Willie Ivory Carpenter, Jr., Assistant Attorney General, for Director of the Division of Employment Security.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

NOLAN, J.

We are asked to decide a question of first impression: whether an employee who agrees to be one of those laid off after the employer has announced his decision to lay off a specified number of employees is disqualified from benefits under G.L.c. 151A, § 25 (e). We answer this question in the negative, and we reverse.

The material facts are not in dispute. We confront a question of law. Keough v. Director of Div. of Employment Sec....

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