Daniel Rivard v. Director Division

A city employee was deemed to have left his employment ""voluntarily"" within the meaning of G. L. c. 151A, § 25 (e) (1), and thus was barred from receiving unemployment compensation benefits, where his services were terminated by the city for the reason of his failure to reimburse the municipal retirement system as required by G. L. c. 32, § 3 (6) (c), for pension contributions withdrawn by him following a previous period of employment with the city. [530] 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""? At least in the circumstance of this case, we conclude that a person who causes the statutory impediment that bars his employment leaves his employment ""voluntarily"" within the meaning of § 25 (e) (1) when the employer realizes the impediment and terminates the employment. 1