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Thread: Denied unemployment insurance, quit due to commute distance?

  1. #1
    jarrett.neil is offline Junior Member
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    Denied unemployment insurance, quit due to commute distance?

    What is the name of your state? California

    I live in California and recently had to quit my job after almost 1 1/2 years due to a 2 1/2 hour commute each way or 5 - 6 hrs per day depending on traffic. The reason we had to move was my father-in-law passed away and we had to take over his mortgage payments on his home in Ione, CA. Unfortunately the home is in probate due to death taxes we owe of over $10,000 so we could not sell the house (and still can't) and could not afford to pay rent where we were living and still pay the mortgage so we were forced to move here and make the best of it.

    I attempted to keep working for 6 months however my position as Director of Network Operations required me to be available 24/7 and to be able to respond in a timely manor to any emergency. The company I worked for even tried letting me work from home but that created too many issues with my direct employees not being supervised enough and so in the end it was agreed that it would be best for us both if I left the company.

    Also as a side note, I have a bad back with a herniated disk and the drive was not healthy for my back and I have a doctor's note to that affect.

    I explained all of this to the person who interviewed me on the phone and I thought there would be no problem as I am pretty sure that commuting distance is one of the mitigating factors that can approve a claim, so I am not clear why I was turned down. Unless they are hoping I will just quit and not file an appeal which I am writing write now.

    Can anyone help with advice o whether I should be approved for benefits or not or whther I have a chance?

    Thanks,
    Jarrett Ridlinghafer
  2. #2
    Zigner is offline Senior Member
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    If YOU caused the distance, it can't be factored in.
    You chose to move.
  3. #3
    jarrett.neil is offline Junior Member
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    Hi,

    Did you read my message? I didn't have any choice in the matter as I was forced to move due to becoming financially responsible for my father-in-law's estate. Are you saying that cannot be taken into account by the appeal board and the fact that I attempted to make it work for 6 months?
  4. #4
    Silverplum is offline Senior Member
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    Quote Originally Posted by jarrett.neil View Post
    Hi,

    Did you read my message? I didn't have any choice in the matter as I was forced to move due to becoming financially responsible for my father-in-law's estate. Are you saying that cannot be taken into account by the appeal board and the fact that I attempted to make it work for 6 months?
    We'uns all do the readin' thang jus' fine, thanks.

    No, that's not "forced."
    It's clearly "chosen."
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by jarrett.neil View Post
    Hi,

    Did you read my message? I didn't have any choice in the matter as I was forced to move due to becoming financially responsible for my father-in-law's estate. Are you saying that cannot be taken into account by the appeal board and the fact that I attempted to make it work for 6 months?
    Yes, I read your message. The use of the word "chose" was meant in a legal sense. You did not HAVE to move. You had other choices. The employer did nothing wrong.
    There ARE situations where you can collect unemployment and it will not be charged to the employer's reserve account. This does not appear to be one of them.
  6. #6
    jarrett.neil is offline Junior Member
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    Ok,

    However, Actually I was informed my our attorney that I had no choice but after attempting to sell the property and/or rent it for 1 year with no success I was legally bound to inhabit the property or loose it "legally". So in a legal sense doesn't this mean I had no choice? Did I not make a good faith effort to do everything in my power to prevent being forced to move? I believe I did more than most people would have done and indeed in the end I had no "choice" but to move.

    I believe I have a case, "legally" so I will appeal anyway.

    Thanks for your input though.

    Jarrett
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by jarrett.neil View Post
    Ok,

    However, Actually I was informed my our attorney that I had no choice but after attempting to sell the property and/or rent it for 1 year with no success I was legally bound to inhabit the property or loose it "legally". So in a legal sense doesn't this mean I had no choice? Did I not make a good faith effort to do everything in my power to prevent being forced to move? I believe I did more than most people would have done and indeed in the end I had no "choice" but to move.

    I believe I have a case, "legally" so I will appeal anyway.

    Thanks for your input though.

    Jarrett
    Your employer's reserve account will not be affected. And, you won't win the appeal.
    There are ALWAYS choices in your situation.

    C'mon back and tell us your glorious success stories.

    To be honest, I'm a bit offended by your attitude.
  8. #8
    jarrett.neil is offline Junior Member
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    Your offended? My god, who are you anyway? I suppose you worked o the appeal board or something so you "know" for a fact I can't win? I'm not sure where you got your god complex but you should not be offended when someone disagrees with you. And the fact is you are wrong, the only choice I had was to loose my property which is no choice at all, maybe for a lawyer like you you can afford to loose property like it doesn't matter in order to keep a job, but us small folks could never afford that so in "reality" there was no choice.

    Take care and I sure hope you are not god and are wrong
  9. #9
    seniorjudge is offline Senior Member
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    Quote Originally Posted by jarrett.neil View Post
    Your offended? My god, who are you anyway? I suppose you worked o the appeal board or something so you "know" for a fact I can't win? I'm not sure where you got your god complex but you should not be offended when someone disagrees with you. And the fact is you are wrong, the only choice I had was to loose my property which is no choice at all, maybe for a lawyer like you you can afford to loose property like it doesn't matter in order to keep a job, but us small folks could never afford that so in "reality" there was no choice.

    Take care and I sure hope you are not god and are wrong
    He is not god.

    He is only a minor demigod.

    Anyway, he told you the correct law.

    You moved, you lose.
    TheGeekess likes this.
    There are two rules for success:

    (1) Never tell everything you know.
  10. #10
    Zigner is offline Senior Member
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    Quote Originally Posted by seniorjudge View Post
    He is not god.

    He is only a minor demigod.
    I agree - there are still many others I must bow down before...
  11. #11
    seniorjudge is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    I agree - there are still many others I must bow down before...
    You're lucky.

    I never made it past leprechaun.

    Took the test three times and never passed it 'cause I couldn't find that dang pot of gold!
    There are two rules for success:

    (1) Never tell everything you know.
  12. #12
    mlane58 is offline Senior Member
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    Quote Originally Posted by seniorjudge View Post
    You're lucky.

    I never made it past leprechaun.

    Took the test three times and never passed it 'cause I couldn't find that dang pot of gold!
    That's where you messed up, you aren't supposed to find it, you are supposed to hide it.
  13. #13
    Silverplum is offline Senior Member
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    Quote Originally Posted by mlane58 View Post
    That's where you messed up, you aren't supposed to find it, you are supposed to hide it.
    *takes this unexpected nugget of advice, runs with it!*

  14. #14
    seniorjudge is offline Senior Member
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    Quote Originally Posted by mlane58 View Post
    That's where you messed up, you aren't supposed to find it, you are supposed to hide it.
    Well, I am still an imp.

    That has its benefits!
    There are two rules for success:

    (1) Never tell everything you know.
  15. #15
    ecmst12 is offline Senior Member
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    Why weren't you looking for a new job during the 6 months of your 2.5 hour commuting? That was a choice too.

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