Unemployment Benefits

[olucy]

What is the name of your state (only U.S. law)? Pennsylvania (but Texas too)
I've worked as a RN/CNM for a large PA hospital organization for just over 2 years. I have to quit and move to Texas to take care of my elderly mother who lives alone and whose health is getting worse. I plan to obtain a new position in Texas but depending on the job market I can be unemployed for 2-3-6 months. Two questions: 1) I have contacted Texas Unemployment and they tell me to file in PA where I have worked. I contacted PA Unemployment and can't get a straight answer other than "if you quit you aren't eligible". No one seems to know if my extenuating circumstances make any difference in my being eligible. Surely there is a difference between just quitting a job and having to quit a job. 2) I can't get Texas unemployment to give me an answer if I become eligible to file for unemployment in Texas after a certain time. If I still can not find a position in 2-3-4-6 months can I file for unemployment in Texas. Any help is appreciated.

 

[cbg]

In general, if you quit you don't get unemployment. For the most part, the reason for your job loss must be attributable to your employer. A very, very, very few states have a very, very, very limited list of personal reasons for which you can quit and still get benefits, but I don't recall that PA is one of those states. Quitting for personal reasons is not attributable to your employer. You may have had a good reason to quit but that does not always constitute good cause to quit and still receive unemployment. PA tends to be particularly rigid about what is and is not good cause to quit.

That being said, it can't hurt to apply. It is not likely that you'll get unemployment if you do, but it's definite that you won't get unemployment if you don't. You must be able to work, actively looking for work, and available to accept work if offered.

You will not be eligible to file for unemployment in Texas until you have worked in Texas.

When Commentator gets her she will be able to tell you how to maximize your chances. But honestly, they're not terribly good chances.

 

[commentator]

Any time you file for unemployment benefits, the claim will be based on whether or not you have wages during the last roughly two years. And you must file in the state where you have those wages, in other words, based on your last two years of employment, you would have the wages to set up a claim in PA, not in Texas. So you're filing for PA unemployment, subject to their rules. Next step, if you have wages to set up a claim, is the reason you are out of work which must be "through no fault of your own." Anyone can file a claim at any time. There's no downside, no cost, no reason to automatically assume if someone says you wouldn't be eligible, you should not file.

And quitting your job to move to another state and take care of your ailing parent, while it is an excellent personal reason, is not a valid work related reason to quit your job according to the unemployment laws of most states, PA being one of them. In some states, relocating with a military spouse is a reason, there are a few extenuating situations, but they're telling you exactly straight. You very likely will not be determined eligible for unemployment, though you will have a claim to set up, when you first quit your job and move to Texas.

However, I'd go on and file the claim, and get the likely rejection, though you are not approved right now. For one big important reason.

Once you have filed this claim based on your PA wages, which incidentally will set up a much better, higher paying claim than Texas, it is on record and good at any time for one year from the filing date.

Though you are leaving the job for a disqualifying reason and are denied right now, if at any time during the next year, you work somewhere, and make the qualifying amount of wages, usually the Weekly Basic Amount times ten, and then are laid off or lose the new job for a non disqualifying reason, such as that it was a temporary job, or you were fired without good cause, any of those things, you would be able to re-open this PA claim and perhaps be approved to draw on it. You can do this even though you live in Texas at that time, you'll still have that PA claim in effect for one year.

Unemployment insurance is not welfare, though, it is not based just on that you need it because you're poor, or that you would like to have it, or that you are having a hard time finding a job. If you go live in Texas and three or four or five months from now, you still haven't found a job, Texas unemployment won't give a hoot. You will have no Texas wages in their system to set up a claim. And if you haven't worked, you won't have any new reason you've left a job since you quit this one in PA. So you wouldn't be able to draw later in Texas, in that situation.

And no matter how many times you call them, neither Texas or Pennsylvania can give you good specific answers to hypothetical questions, like "Will my claim be approved?" They are carefully taught never to give absolute answers to general questions as every situation is a little bit different. And quite honestly, they really don't have a lot of time to answer general questions like this.

File the PA claim after you quit and move to Texas. you can do it through the Texas system, it will be an 'interstate claim." you will be dealing with Pennsylvania. They will set you up on work registration and job searches there while they are processing the claim. But I do advise you to go on and file, it, even though you won't likely qualify. Because sometime in the next year, it might come in very handy to have it filed and in place for you.