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  1. #1
    joey17404 is offline Junior Member
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    Fired/Moving/Rehired...unemployment?

    - We live in Pennsylvania, my wife was furloughed in June.

    - We decided a few weeks ago to have me take a new position in North Carolina. We move in about 30 days.

    - Tonight we find out that she's being un-furloughed.

    Would she qualify for unemployment benefits?What is the name of your state (only U.S. law)?
  2. #2
    swalsh411 is offline Senior Member
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    Quote Originally Posted by joey17404 View Post
    - We decided
    No. The first test of the "spouse following spouse" rule in PA is that it must be a relocation beyond your control.
  3. #3
    joey17404 is offline Junior Member
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    Not really following...

    It's not as if we're just moving, and she's unemployed as a result...

    Her previous status as unemployed had a direct influence on the decision to relocate.

    Do the extenuating circumstances come into play at all?
  4. #4
    cbg
    cbg is offline Senior Member
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    Here's an idea.

    Have her file for benefits and see what the state says. There is no penalty for being wrong; it does not cost anything except a little time; if the state says no, you're no worse off than if you never filed in the first place.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  5. #5
    commentator is offline Senior Member
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    No, afraid not. She is currently drawing unemployment, right? And she's been called back to work, "unfurloughed" as of...when? Before 30 days from now, I suspect.

    If they call her back to work and she does not accept the recall, she will have to report on her certification that week that she was offered work and that she did not accept it. Then she'll have a decision by the department determining that she is not going back to work because she is getting ready to move, leave the area. This will most likely stop her benefits.

    If she is not called back before you move, then she'll still be contacted by her employer, still have to report the recall, still be stopped from her benefits. Her PA employer isn't going to be enthusiastic about her not accepting the recall, and wouldn't be at all thrilled for her to continue to receive benefits.

    And it would be a PA claim, no matter where you move to. In some states, reclocation due to a spouse's work( particularly if it's a military spouse) is considered a valid reason to leave your job and move and then be able to sign up for and receive unemployment benefits...(though PA isn't one of these states)

    But even in those states, you can't refuse a recall (because you've moved) and continue to receive benefits if you already had an open claim you were drawing from. The week she was recalled and did not go back to work, she would be required to tell the system that. If she just didn't...say she moved and left no forwarding address, and didn't get the letter recalling her, or didn't get the call, any benefits she received would be be possibly received fraudulently. The employer would report that she refused recall, and it would be caught from the system, even if she doesn't report it.

    And in unemployment insurance, no one's economic situation or specific circumstances has any effect on whether or not they get to continue to receive benefits. They do not take needs or income into consideration when you sign up, and they do not give you special consideration based on anything personal.

    It is possible you might decide not to relocate and take this other job, now that the situation has changed. It is a decision you'll have to make, but I really do not think you will be able to count on your wife getting unemployment benefits once you get there.

    What I would do, if I were your wife, is call up her previous/separating employer. Explain the circumstances, how your family made this decision to relocate because she was laid off, and you obviously did not anticipate that she would be recalled. But now she is about to be called back. She'd need to ask them very frankly if they anticipate that the job will be long term, in other words, is the company back in better fiscal health, or could she expect to be furloughed again sometime in the near future? This will help to give you some better idea about what you should do.

    The employer could, if they wanted to, cancel her recall, and let her stay off and continue to draw benefits. If so, she could change her address and continue to sign up for her unemployment insurance claim when you got to NC. But I don't much expect they'd be this good to her, as it does cost the company in taxes when an employee is laid off and drawing benefits.
  6. #6
    commentator is offline Senior Member
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    Okay, I've re-read this. And what I'm getting is that she's not signed up for unemployment right now? I can't imagine why not, unless she's receiving some sort of pay from the employer while "on furlough".

    But if she isn't, then the situation is still the same. When she gets to NC, she'll still be filing a PA claim, with wages from, and based on her reason for leaving her last employer. Which will not be that she was put on furlough, it will be that she moved to be with you who had accepted another job. And as we said, that is considered a strictly personal reason in PA, and not likely to qualify you for unemployment. Though it won't hurt anything for her to file a claim if she hasn't already.
  7. #7
    joey17404 is offline Junior Member
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    No, she's not on unemployment yet. She's a teacher, so she gets paid through the summer for work she did during the school year (they have the option to just be paid larger amounts for 9 months a year, but we didn't take that)...last paycheck is next week.

    We're definitely taking the new job and moving...we'll fill a claim, but it looks like we're a little on the screwed side of the law this time.

    But thank you all very much for the help.
  8. #8
    commentator is offline Senior Member
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    Okay, it all makes more sense now to me now. Unemployment insurance for teachers is sort of a different animal in many ways. But even so, I'm afraid the situation will come out the same.

    She needs to file through the NC system, she'll will be filing an interstate claim, as soon as you have established a permanent address in NC, but her approval probably will not work out, based on PA unemployment law. School systems are particularly unhappy about paying unemployment insurance in general, and this one will doubtless mention her lack of willingness to report for this school term.

    Good luck in your relocation, I hope she will find a new position soon.

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