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Company is relocating within the state. Can I leave and collect unemployment?

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ecmst12

Senior Member
Actually, they're not that similar AT ALL. In fact, they are frequently VASTLY different. You simply can't make generalizations from one state to the next when it comes to UC standards. What is considered a reasonable commute in one state could be too long in the next.
 


CourtClerk

Senior Member
I said generally speaking as the laws are fairly similar throughout the states. Obviously each state has different laws.
But we aren't speaking generally, and quite honestly, NY is one of few states that will put something that specific in writing. You can't say "generally speaking" then when asked to back up your statement, pull something STRAIGHT out of NY and say, well, this is generally how ALL states feel. We aren't speaking in generalities, we're speaking SPECIFICALLY of NJ.

How bout you just say, I can't back up this statement, unless we're speaking of NY and leave it at that? Better yet, how bout we just report you to admin for violating the TOS?
 
But we aren't speaking generally, and quite honestly, NY is one of few states that will put something that specific in writing. You can't say "generally speaking" then when asked to back up your statement, pull something STRAIGHT out of NY and say, well, this is generally how ALL states feel. We aren't speaking in generalities, we're speaking SPECIFICALLY of NJ.

How bout you just say, I can't back up this statement, unless we're speaking of NY and leave it at that? Better yet, how bout we just report you to admin for violating the TOS?
Do what you wish, I violated nothing. NJ uses the term "undue hardship".
 

cbg

I'm a Northern Girl
And since every state has different laws, a NY statute has no validity to a NJ poster.
 
NJ uses the term undue hardship, therefore a person must look to other states as a GUIDE, NOT AS LAW.

I used the term "generally speaking". This is not inaccurate, nor is it false.
 

>Charlotte<

Lurker
According to what I just read on the New Jersey Department of Labor and Workforce Development site, I can't find any requirement concerning a specific distance.

While it does reference the possibility that the applicant may have to travel a greater distance for work, the only actual requirement seems to be acceptance of any "suitable job", and that suitability depends on each individual's specific criteria. One person's ability to travel any particular distance may not be the same as any other person's ability to do the same.

In that case, using New York as an example or as a "guide" is entirely misleading.

Honestly, Prince Charming, instead of sending the OP off on a wild goose chase, you could have taken five minutes to browse the same site I did.
 
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commentator

Senior Member
give you an answer?

I worked for many years in a state unemployment system, and we would give general answers to general questions, not specific answers or advice to people about their specific situations. And while there may be a general "this is a reasonable commute" policy, and that is what you need to know, whether your state has one, and if so what it is, my state most certainly did not have the "one hour commute" policy that is mentioned on that other post. Where you would need to ask is the Unemployment technical support division of your state if they have one. As I said, they will not tell you anything like, "Oh sure, you can get to draw!" based on your situation, but can answer general questions about what is considered an excessive commute. I think thirty miles might be considered appropriate to drive, though if it is across a major city, that would be a consideration, or if it was much less than you were commuting before, that would be considered. But as I said, are you sure you can find anything equivalent any closer to your home than this? Remember, unemployment insurance is very finite, it does end, whether you have found a job or not. And it is never as much as you can make working.

All I can say about the person who was required to move to another state is that I would certainly have appealed that as many times as I could. It must have been a position where travel was expected or had been required before. Because if you are working at a stationary job in Michigan and the company moved to Alabama, you would NOT have to move, and you certainly would qualify for unemployment under any state laws I've ever heard of. Of course if you took a voluntary lay off, or told them you quit, or went down and tried it out for a few weeks you wouldn't get to draw. Every situation is a little bit different. But don't quit your job. Don't jump into anything without getting as much information as you can.
 

jgenchik

Junior Member
Thank you "commentator" for your answer. There were a lot of guesses and suppositions, so it is nice to hear from someone with actual experience in the field. I realize that there can not be a yes or no answer, because there are too many variables. But I think it would be nice if there were some published guidelines. I should probably mention that my current commute is almost 40 miles (round trip). If I add to that another 60 miles, it will make my daily commute distance almost 100 miles. I realize that every state is different,but I would like to know what is your opinion? Would I be eligible in your state? Also, the new location would require taking tall roads and encounter heavy traffic. Thank you for your answer.
 

commentator

Senior Member
in general, in general, it's all in general.....

Unemployment insurance is a neat system, I enjoyed working with it, came to appreciate the intricate workings of any legal system through association with this one. There is a general structure, set up by the federal Department of Labor, and there is a state system in each state that administers the program under their direction and supervision. It is true that states can be quite different in their interpretation of the program, but it is also true that all state systems meet periodically together to compare and work with each other, making arrangements to exchange information and policies and undergo frequent federal monitoring. It's safe to say we're all using the same federal structure and are pretty much on the same page. In my opinion, states tend to be either "claimant friendly" and have more liberal requirements, higher employer taxes, and more generous allotments, or "employer friendly" paying lower benefits, tending to allow fewer people to draw and taxing employers less. Generally the southern "right to work" states are employer friendly, while the heavily unionized northeast has a lot of very generous states for claimants and employer taxes are high.

Since every case is so individual, in some cases, a hard and fast policy would be a negative factor. I dare to say that in every state there is probably a mileage that is mentioned in training people to adjudicate claims as being a "reasonable commuting distance", but not having it set in concrete gives adjudicators a certain amount of leeway in making decisions.

The commuting distance question reminds me of a situation I saw where a group of workers were approved to draw though the new plant was only 16 miles from the place that was closing. The key was that the old work site was downtown in a little Mayberry-sized town, and many of these people had walked to work most of their lives. They, in many cases, did not have transportation available to get them to the new worksite. In this case, the adjudication was based on two issues. How far they had been commuting to their job before, and the difficulty of the commute. There were jobs available in the 3 mile radius, just not at this place. So they were approved to draw benefits and did not have to accept the transfer. This was after a couple of appeals, they had been denied initially. It depends, it depends...

If you have been driving 40 miles to a job, and you are asked to transfer to another job site that is 10 or 12 miles further, you would probably have to take the new job. If you've been driving 20 miles to one end of town, and the new location is 30 miles on the other side of town from where you live....in my state this would've been a big "it depends." Driving across a city, though it may not be over 20 miles, is naturally a more arduous commute (and may be considered "an hour" commute.) If I were you, and curious about whether I would be approved, I'd drive the distance at the time I'd be driving it to go to work and time it, so that you could present the argument that it's a 45 minute commute or a two hour commute, not just a 20 mile or a 60 mile commute. See, can't give you a definite, even in my own state! It is always very individual. And I always reminded people, so much that it became second nature, that the system does not ask people to worsen their lives in order to take jobs. However, you always must remember even if approved to draw benefits in a situation like this, you're leaving a job you have to go to a program of much less money which will inevitably end, so you must always consider very carefully. Can I find another job to replace this one? And always remember that once you have made the choice to take the relocation or new job, there is no trial period, and if you quit, it's a voluntary quit. It was your choice to quit. Another issue to be determined.
 

jgenchik

Junior Member
Thank you again, "commentator". I am closing this thread because your thoughtful and thorough post really answered my question. I appreciate the look into the inner workings of the Department and realize that it is not about just a number (miles or minutes) but the hardship of the change. And that can not be expressed in a simple formula.
Thank you for the advise.
 
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