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Denied unemployment insurance, quit due to commute distance?

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cbg

I'm a Northern Girl
Here's where you're going off the beam, OP.

In order to receive unemployment, you have to have lost your job for reason attributable to your employer. No matter how much you insist that you had no choice but to move, that is still not a reason attributable to your employer. It is not your employer's fault that your attorney told you you had to move. It is not your employer's fault that you could not sell the property.

"Commuting distance" per se is not a qualifier for UI under CA law. It is only under limited, specifically named circumstances under which the length of your commute will entitle you to UI. This is NOT one of those circumstances.
 


Zigner

Senior Member, Non-Attorney
Here's where you're going off the beam, OP.

In order to receive unemployment, you have to have lost your job for reason attributable to your employer. No matter how much you insist that you had no choice but to move, that is still not a reason attributable to your employer. It is not your employer's fault that your attorney told you you had to move. It is not your employer's fault that you could not sell the property.

"Commuting distance" per se is not a qualifier for UI under CA law. It is only under limited, specifically named circumstances under which the length of your commute will entitle you to UI. This is NOT one of those circumstances.

That's not entirely true, as there are some exceptions. For example...let's say a man is working. The man's mother-in-law lives in Utah and gets sick to the point where the man's wife has to leave to provide actual care for her mother. If the man follows goes with his wife to Utah permanently, the he still may be eligible for unemployment. A key point, though, is that the employer's UI Reserve Account would not be charged for the unemployment compensation paid out.

However, for our OP, this is not the case.
 

cbg

I'm a Northern Girl
I SAID there were some exceptions. I am well aware that following a trailing spouse is one of them but I didn't see the point of getting into details since that's not what happened here.

I also said that the poster's situation is not one of the exceptions. And it isn't.
 

jarrett.neil

Junior Member
Ps - i won my case so do not give up!

Hi,

I cannot believe this post is even still active after all these years, nor all the attention it got from a simple question....However to answer some person's question "why were you not looking for a new job during those 6 months", unfortunately it is not even a complete sentence as it never even addresses what 6 months he is talking about, so I'll answer both (even though its none of the persons business in the first place, what a nosy busy-body to ask such a question)
  • The 6 Months I was commuting to work? Why would I be looking for a job when I had a GREAT ONE! I reported Directly to the CEO (the only Direct report he had), worked directly with the CFO on my projects and budgets and was doing exactly what I am passionate about with the SaaS Network I designed and built being selected to host the Obama.mobi website by the DNC for the 2008 Presidential Elections, and then later won the MMAA (Mobile Marketing Association of America) Award for "Best Mobile Marketing Platform" for that same year...All this after having spent the previous two plus years building the hugely successful PS3 Online Gaming Network for SCEA (Sony Computer Entertainment America), I was right where I wanted to be career wise! Leaving was the lat thing I wanted to do and one of the hardest things I've had to do in my whole career, there was no reason for me to be seeking another job as I had no intention of leaving that one!
  • The time between leaving and writing this thread? Again, I had no reason to "look for work" as I had been working to put together a new business (my 3rd start-up business) due to an invention which I ended up patenting and marketing for 4 years and which could have been a huge world-wide success if I could have gotten the funding it required but in this economy you have to be either a multimillionaire to get a loan or know some socialist or be a member of the socialist party, or bow down to this administration and its "global warming hoax" its trying to perpetrate onto any American Citizen foolish enough to believe their lies and jump on board with any hair-brained, so-called "clean energy" business idea, just so they can get a piece of the billion dollar pie Mother Obama has cooked up for all of us in his oven of "socialism" which, he has been trying to turn up to 500 degrees since he took office!

    Believe me, I tried numerous times to get a traditional small business loan from numerous so called "lenders', (even showing income from the business for 3 years!) to no avail. No wonder the economy is in the toilet! They fund solar energy scams which embezzle and/or throw away hundreds of millions if not billions in tax payer funding (which still is not accounted for...remember Bailouts 1-3? Ever hear another word about where the money went or what good it did? Of course not, it lined all the pockets of everyone who helped get Mr Obama elected) when they had no rationally business model to begin with and never ever even made a single dime in sales, and meanwhile companies like mine where I had (and still have) intellectual property, sales inquiries from around the globe (Netherlands, India, Germany, UK, France, Canada, etc..) and fairly steady monthly sales (if small in number due to zero marketing monies) get reject out of hand, with no explanation.

However, Politics aside now, the real reason I am writing a response to my original post so many years ago was that the attorney who responded to my posted question and WAS ADAMANT that there was no way I was ever going to win a judgement in my favor so "do not even waste your time with an appeal" was DEAD WRONG and should be ashamed of himself for even suggesting to anyone in these forums (unless he is working for the state which I would not doubt for one minute) to not "bother with applying for an appeal hearing" as there IS ALWAYS THE HOPE and where hope is dead there lies true desolation of the spirit. I NEVER GIVE UP, Not in my career and not in life and it has stood me steadfast so far. Even today, although I owe a LOT MORE in debt than I did 4 years ago or whenever the original post was made, unlike some people who can live with themselves and file bankruptcy and walk away, I will never stop working to pay off every dime borrowed and owed, if it takes a lifetime, it will get done and therefore I HAVE HOPE that some day I will walk the street or across a field knowing "I owe no man a thing, but to God, everything".

So what happened? The Details you say? Well the judge called me (the appellate court judge) and held my phone interview/hearing not long after filing the appeal (say 3 months at the most) and I was honest with her and explained exactly what had happened and that I was attempting to start a new business and then towards the end she asked me something that made me think I was screwed, but she told me I would have a verdict (her answer) within 10 days via mail.

Miraculously, when it arrived she had agreed with me and stated (I am paraphrasing but can provide ANYONE WHO ASKS with the actual document showing her judgement and why if it will help anyone else, just email that due to my injuries, the length of the drive and the hours I worked each day (typically 10-16 hours each day) that their was the real and deadly serious possibility of my falling asleep at the wheel and killing myself or someone else or both and therefore the state COULD NOT & WOULD NOT require me to continue to tread such unsafe water every day to keep that job as with my commute of 4 hours each day I was looking at between 16-20 hours of a hugely stressful and ultimately deadly daily routine.

I was awarded all my back checks (over 6 months worth I believe) and then was switched to state disability for the remainder of the year due to my medical issues.
 
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I'mTheFather

Senior Member
Hi,

I cannot believe this post .....
  • The 6 Months I was commuting to work? Why would I be looking for a job ... yawn... I had no intention of leaving that one!
  • The time between leaving and ... yawn... trying to turn up to 500 degrees!

    Believe me, I ...double yawn.... get reject out of hand, with no explanation.

However, Politics aside now,... triple yawn...I HAVE HOPE that some day I will walk the street or across a field knowing "I owe no man a thing, but to God, everything".

So what happened? The Details you say? Well ... I was screwed.


Congratulations
 
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justalayman

Senior Member
I was kind of hoping to see a "BS"

too many problems with the claims.

OP is injured and UI said "sure, you can quit because of that and collect ui"

then of course we have the fact OP has been working and had an income from their own business.

and better yet, as soon as OP was supposedly approved for UI they got back pay and then instantly went on disability? Really?


just not believing it
 

>Charlotte<

Lurker
You--through no fault of your employer--moved two hours away from your job, and quit when the commute proved to be too restrictive. And you're expecting us to believe you were eventually approved for UI? Haha....good one.

And don't even bother with the "I have documentation" spiel. Documents can be easily faked, and with all your harrumphing about politics you sound like exactly the sort of nut job that would go to that length to "prove" yourself right.
 
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