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Do I qualify for unemployment benefits?

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southwind94523

Junior Member
What is the name of your state (only U.S. law)? California

Hi, my husband is self employed and is currently not able to find work locally. We have made the decision to move out of the area to live with his family where he can find work. I am currently employed full time in San Francisco. i will need to relocate with him to his family's home. It is over 300 miles away from my current employer so commuting is not an option. If I quit my job, do I qualify for unemployment benefits because of my husbands circumstance?
Thank you,
Jessica
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

Hi, my husband is self employed and is currently not able to find work locally. We have made the decision to move out of the area to live with his family where he can find work. I am currently employed full time in San Francisco. i will need to relocate with him to his family's home. It is over 300 miles away from my current employer so commuting is not an option. If I quit my job, do I qualify for unemployment benefits because of my husbands circumstance?
Thank you,
Jessica
Not typically. Your unemployment would be voluntary and therefore no eligible for benefits. You could always apply though.
 

Beth3

Senior Member
I believe CA is one of the few States that will grant UC benefits to "trailing spouses" - that is, when one spouse accepts a job in another locale/State and the other spouse quits his/her job to go along. When the time comes for you to resign and join your husband, apply for benefits and see what the State decides. The worst that can happen is that they deny your claim.
 

Isis1

Senior Member
I believe CA is one of the few States that will grant UC benefits to "trailing spouses" - that is, when one spouse accepts a job in another locale/State and the other spouse quits his/her job to go along. When the time comes for you to resign and join your husband, apply for benefits and see what the State decides. The worst that can happen is that they deny your claim.
What!!!???? I'm looking that one up! Not that I don't believe you, but I'm appalled!

ETA: appalled is the wrong word. Looked it up, I learned something new today :D
 
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Beth3

Senior Member
What!!!???? I'm looking that one up! Not that I don't believe you, but I'm appalled!

This question has come up on boards before and those far more expert than I in CA laws have all replied that CA allows benefits for trailing spouses.
 

Zigner

Senior Member, Non-Attorney
I've personally dealt with this (from the employer's side). Yes, trailing spouses are allowed. It won't impact the employer's reserve account/rates.

Well, actually it does, since all cases like this are spread out amongst all employers in the UI system, but it's a very very small impact
 

cbg

I'm a Northern Girl
I am given to understand that there are states other than CA which allow for this, and there may be, but so far I haven't come across which ones they are.
 

commentator

Senior Member
Eeeeh doggies, yes, if you are going to leave your job and move to another area with your spouse so they can accept a job offer there, be sure you are leaving CA, (I gather from your posting that you are staying in CA) not most other states. I too checked all the states, tried to find out which others may have this sort of generous approval, may later consult my gurus to come up with this.

In the meantime, CA does pay you if you move beyond reasonable commuting distance (with no transfers available) due to family circumstances. In other words, yes, by all means, if you move from CA to another state or within CA to another area of the state, immediately file a claim as soon as you have a permanent address and are set up where you will be located.

If you left the state, you would still file the claim THROUGH the state you had relocated to, of course if you're still in the same state, it's not an issue, but it will definitely be a CA claim, based on your first four of last five completed quarters of work with a covered employer, which was assume was in CA. As such, it will be subject to all the CA eligibility criteria, all the requirements, amount, etc. of a CA claim, not from the state you are in, even if you moved.

You will be allowed to go to the Job Service/Career Center whatever they call it, in the place you have moved to in order to comply with work registration activities, and of course this is what you want to do.

Every situation is individual, there is no guaranteeing that you will be able to file for unemployment and will be approved, but definitly it is worth your time to file, and you have a pretty good chance from what I am hearing here. The fact that your husband is self employed, is not relocating to accept a legitimate business job offer may be a factor.

It is amazing, the difference between the states in their policies and attitudes toward unemployment insurance/business. If this person was in Tennessee or Florida or Mississippi and filed for benefits, she's going to be told "NO, of course you cannot have this princely sum of less than $275 a week! You chose to relocate with your spouse!" They call it being "business friendly." But in CA, not only is the weekly benefit bigger, they let you have it for lots of "compelling family reasons," for which most states choose not to pay.

Several states other than CA will allow unemployment insurance in the circumstance of a military spouse transfer. But I'll check more later on the general relocating spouse thing.
 
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pattytx

Senior Member
Here's the problem I'm having with this scenario is the spouse has not accepted a job with a company as an employee. He is currently self-employed.
 

southwind94523

Junior Member
Yes, he actaully does have employment arranged

Hi, my husband will be working for the family construction business and he will be on their payroll which I can provide proof to the EDD if necessary.
 

pattytx

Senior Member
OK, that's different; we were not led to believe this from your original post. Back to what Beth said.
 

southwind94523

Junior Member
Sorry about that

I had to confirm with my husband that he will be able to work for his families construction business. I really appreciate all of the amazing feedback from everyone. After reading all of your posts I did manage to find that California does have a policy for keeping "Family Unity" which calls my voluntary resignation a good cause "quit." Hopefully all goes well when I file my claim and with any luck I will find a new job quickly in the area. :)
 

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