Type of employment can have an effect on jobless benefits
I'm looking for guidance. I just separated from my employer, which is part of a social service agency of a religious organization. It was a mutual agreement to part ways as they were unsatisfied with my performance. I was not terminated for any cause. The human resources person where I worked advised me that they are exempt from unemployment. Can or should I still apply for unemployment benefits? Can I collect unemployment against any other previous employers?
Most often unemployment insurance benefits are defined and regulated by the state where the employer has its place of business even though each state's regulations must be in accordance with general federal standards. Massachusetts is considered to be one of the more generous states in the country when it comes to unemployment insurance benefit packages.
Frequently when someone is disqualified from collecting unemployment benefits the cause has to do with the reason why they left their job. For example: a discharge for willful deliberate misconduct connected with the work, such as stealing, or a voluntary resignation without good cause attributable to the employer, such as leaving to travel in Europe, would both be grounds for being disqualified.
Other causes for being unable to collect relate to one's occupation or how the word ''employment" is defined in the statutes. In your case it appears the information the human resources representative gave you concerning exemption may be correct.
Here's why: Massachusetts law, Chapter 151A, Section 6 (r), states that the term ''employment" shall not include, ''Service performed in the employ of a church or convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches."
Can you file? Yes, anyone can file a claim to see if they have eligibility. Whether you will be able to collect against other employers is dependent upon whether you have other employment with sufficient wages from that employer within, what is called, the ''base period."
Here we start to get a lot more complicated and I have therefore consulted with an expert for further insight into your question. Bruce Burgess is vice president and senior legal counsel for Jon Jay Associates, a TALX company, an unemployment consulting firm.
He said that when a claim is filed, employers subject to potential liability are any of those within the base period.
Massachusetts uses two base periods when trying to determine monetary eligibility. The primary base period is the most recent four completed calendar quarters prior to the effective date of the claim. If someone activated a claim for unemployment on March 23, 2006, for example, the primary base period would involve the four complete calendar quarters for the year 2005.
The alternate base period (only used if the claimant did not have sufficient wages in the primary base period) would involve wages paid during the three most recently completed calendar quarters plus the period of time between the last completed quarter and the effective date of the claim. The effective date of a claim is always the previous Sunday in the week you file the claim, in this case Sunday, March 19, 2006.
Check out the Massachusetts Division of Unemployment Assistance's helpful website for additional information at www.detma.org.
Insurance benefits should extend to niece
I have recently become the permanent guardian of my brother's youngest daughter. She is 7 years old and lives with me. I am a single woman employed in a very good professional position where I have been expected to work long hours and travel for business periodically. I like my job, my customers, and my boss. My question has two parts: the first is about my legal rights to have my niece protected under my employer's health insurance; the next is related to dealing with my boss who expects me to be at work a large number of hours. Now that I have a young child at home I can no longer work or travel in the same way that I used to and I am concerned about the effects this may have on my job.
The simple legal answer is straightforward. As the permanent guardian you can expect to have your child covered by insurance with your employer where dependent coverage is an option. This can include medical, dental, vision, life, and other insured benefits if your employer offers them.
You should also review any policies or benefits where a beneficiary will be the recipient in case of your death and modify them according to your current wishes. Your employer has the right to request proof of your guardianship so you will need to be prepared to produce copies of the legal documents that came to you as a result of your appointment.
For more details about the rights and protections for you and your child, I recommend that you seek out the advice of an attorney who specializes in family law.
Your letter suggests that your boss relies on you and that you have a positive history together. You can build on that by thinking through a plan for covering your responsibilities at work and home, and speak with your boss as soon as possible.
Explain your changed circumstances and demonstrate how you have made arrangements to provide for continuing your high level of commitment to your job. Include your plans for how you will address home situations if backup is needed, how many days notice you will need for overnight travel, and other related matters.
Assure your boss that this change doesn't diminish your loyalty or willingness to work hard to get the job done at your same high standards. Things will be different now for you and for your employer but it will be similar to the transition of any single mother.
Employers are often more experienced in adapting to these situations than you may realize. Your boss appears to have a very good relationship with you and you can therefore expect to get his support and respect for your circumstances. Of course there will be some rough days but as the dust settles on your new lifestyle, alternative ways of handling situations and new sources of support for a working single mother will emerge.
There is a law that you should become familiar with that may be of assistance to you in fulfilling your responsibilities to your niece. The Family Medical Leave Act defines a son or a daughter as ''biological, adoptive, foster, stepchild, a legal ward, or a child of a person standing in loco parentis" and this clearly covers you.
Keep resume, license handy for interview
I was scheduled for an interview in downtown Boston and I took the train and arrived early. My problem arose when the security guard in the building lobby asked for a picture identification and I did not have one. I had just changed purses and left my driver's license at home. They had to wait for 20 minutes for someone to come down and verify my appointment and escort me to the floor where interviews were held. I then had to fill out an application and other forms and ended up being a little late for the person who interviewed me. I usually have my license with me but I do think that the company should have told me in advance that it was required to enter the building when they scheduled my interview. Do you agree?
When you go on a job interview there are certain things that the employer has the right to assume you will bring with you. One of them is your driver's license and another is an extra copy of your resume. There are some other things that are helpful to remember to bring with you when you are job hunting to be prepared for the unexpected, such as a small, folding umbrella.
A cellphone will be helpful when you are unexpectedly late or need last-minute directions, but be certain to shut it off prior to entering the building where your interview is being held. Also, remember to have with you the contact information for the person or people you will be meeting with, including their floor or suite numbers. A toothbrush might save the day if your interview is following a lunch appointment. And finally, an upbeat attitude for when things don't go as planned and delays occur.
Linda Lerner is a Boston executive coach and a human resources consultant. E-mail questions to jobdoc@globe.com or mail to Job Doc, The Boston Globe, P.O. Box 55819, Boston, MA 02205-5819. 
