If an employee voluntarily quits his or her job and is seeking to gain unemployment compensation from the Division of Unemployment Assistance (DUA), they have a burden of proof to the Division of Unemployment Assistance in order to demonstrate that their voluntary quitting wasn’t without good cause attributable to the employing unit or its agent.

The burden of proof is on the employee and not the employer. Pursuant to Massachusetts General Laws c. 25 § (e)(1) the disqualifications for unemployment assistance. A person will not become disqualified from unemployment benefits if they voluntarily quit if they, can establish to the satisfaction of the commissioner that the reason that they left work due to sexual, racial or any other unreasonable harassment where the employer, its supervisory personnel or agents knew of such or should have known of such harassment.