Moving and Unemployment?

What is the name of your state (only U.S. law)? CA/OR

My wife and 6 children are relocating from CA to OR, my company has no branches in OR, so I will have to quit, voluntarily...

I think I just answered my own question but am I out of luck in the transition from state to state for unemployment?

Why do you have to move?

eerelations said:

Why do you have to move?

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The cost of living is the main reason, we are a single income home, while my wife could find work, the child care for all 6 children would be more than her income and then some.

So we are moving back home, where the cost of the house we live in is half what it is here. Two of my children are chronic Asthmatics and end up in the hospitol a few days a year because of the air quality in the valley here.

I guess that's the short and long of it.

No, the reason YOU are quitting is to move to another state with your wife and children (to follow them there). THAT will allow you to collect unemployment. As a bonus, it won't be counted against your employer's reserve account either!

ETA: Unfortunately, if your wife doesn't have a job there, you might have a bit more of a battle.

Zigner said:

No, the reason YOU are quitting is to move to another state with your wife and children (to follow them there). THAT will allow you to collect unemployment. As a bonus, it won't be counted against your employer's reserve account either!

ETA: Unfortunately, if your wife doesn't have a job there, you might have a bit more of a battle.

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Not neccessarily. If the OP had to move due to a medical reason or their spouse was a member of the military and it was a forced moved, then their chances would be enhanced.
I don't believe that telling the OP they will be allowed to collect unemployment is very sound advice at all, since that decision is up to the state UEI board to make and having worked with unemployment claims for many years, I would venture that the OP doesn't have a very good shot at recieving benefits.

California UIC

1256. An individual is disqualified for unemployment compensation
benefits if the director finds that he or she left his or her most
recent work voluntarily without good cause or that he or she has been
discharged for misconduct connected with his or her most recent
work.
An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place from which it is
impractical to commute to the employment. For purposes of this
section "spouse" includes a person to whom marriage is imminent.
An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her children, or himself or herself, from domestic violence abuse.
An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to lay off employees.

An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place from which it is
impractical to commute to the employment.

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Thats great, but having done several hundred in California alone, I have had several thatr have been very similar to the OP's and they were denied benefits. Zigner, you can read the statutes all day long, but until you have delt with it first hand, it doesn't mean squat.

Zinger - I have a question, because we are in a similar situation and I read the statues too after reading your first post. My question is what will we need to keep handy for filing the claim? Do I need to have a letter from my new employer?
(I'm sure I can look it up) but off hand do you know how long before my hubby can file for his unemployment. There are some other things going on at his work and we are trying to avoid some potetial "speed bumps" for his future employment. It's very long and confusing so I'm not going to go into it but time is of the essence in his resignation.

mlane - I understand what you mean but it can't hurt to try. Plus I see that you are in TX, isn't it different from state to state?

It varies greatly from state to state, but most of the posters here are familiar with laws from many states. If not, we look them up before we answer!

kitkat30 said:

Zinger - I have a question, because we are in a similar situation and I read the statues too after reading your first post. My question is what will we need to keep handy for filing the claim? Do I need to have a letter from my new employer?
(I'm sure I can look it up) but off hand do you know how long before my hubby can file for his unemployment. There are some other things going on at his work and we are trying to avoid some potetial "speed bumps" for his future employment. It's very long and confusing so I'm not going to go into it but time is of the essence in his resignation.

mlane - I understand what you mean but it can't hurt to try. Plus I see that you are in TX, isn't it different from state to state?

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It is, but I just don't deal with Texas. I have delt with just about every state many times.