My question involves unemployment benefits for the state of Massachusetts. I'm an attorney in California, but I have no experience with unemployment benefits law.
My brother was recently fired from his job working in a food market in Massachusetts, allegedly for coughing near food. He applied for and received unemployment benefits, but his employer has filed an appeal. A hearing is scheduled for April 23. The employer has filed a 23-page document that I haven't seen yet (my brother is sending it to me) in which I believe it argues that my brother was fired for cause. According to my brother, a customer complained that he coughed near food he was serving her and demanded that the store fire him.
My brother claims that during the course of his employment, management at the market where he worked repeatedly chastised him for taking time off from work when he was sick or injured, even when he produced a letter from his treating medical provider indicating the nature of the illness or injury and the date on which he was seen by the medical provider. I think my brother could argue that he was constructively terminated in the sense that management created a culture in which it was not okay to call in sick, and that he showed up for work on the day he was fired even though he was sick because he believed that he would be fired or at least discliplined if he had called in sick that day.
I have a few questions about the proceedings. I think my brother is entitled to submit a written response before the hearing in which he rebuts the claims and arguments made by his employer in its 23-page document challenging his entitlement to unemployment benefits. He says that the notice of hearing he recieved does not provide for the filing of a written response, but that seems a little odd to me. Also, what sort of evidence would he be required to produce in support of his rebuttal. Any record of discipline resulting from his having called in sick in the past is in the hands of his employer. In addition, is he entitled to ask the emplloyer to produce the customer at the hearing so that he can (for lack of a better term) cross-examine her about her complain to the employer? Finally, I'd appreciate any thoughts on his planned defense.
Thank you in advance for any thoughts or insight you can offer.

