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  1. #1

    Default Denied Unemployment After Quitting Job Due to Spouse's Job Relocation

    My question involves unemployment benefits for the state of New York.

    I left my job due to spousal employment in another state. My wife received her offer in January, I left my job 7 days after her offer, then she began her new job 10 days after her offer.

    NYS Determination:
    "You quit your job without good cause."

    NYS Reason:
    "...There is insufficient evidence to indicate that a definite offer of employment was in place for your spouse prior to your voluntary leaving of employment. Quitting without a bona fide offer of employment is without good cause for the purpose of UI benefits."

    My Questions/Concerns:
    • How did they determine whether a bona fide offer was in place? I listed her new employer and specific dates on my application. What kind of communication happened between NYS and her new employer?
    • My spouse interviewed throughout all of January for the position (which she took).
    • I now live on the west coast which makes my attendance at a hearing expensive and difficult.
    • Will I eventually be eligible for benefits? My denial letter says "no unemployment insurance benefits will be paid to you for the period beginning 02/xx/2012 until you have subsequently worked for an employer and earned at least 5 times your weekly benefit rate."(emphasis mine). What does that statement mean?
    • Is my denial worth appealing?

    : per NYS, in Section 1645, Number 9 "Quitting a job to move with a spouse who voluntarily relocates to accept new employment in a different locality is with good cause. (A.B. 394,536; A-750-2023)"

    Thank you in advance for your help!
    Mr. Disappointed in the System

  2. #2
    Join Date
    Feb 2010
    CT & IL

    Default Re: Denied Unemployment After Quitting Job Due to Spouse's Job Relocation

    Well she did not relocate at the time you quit so I can see there viewpoint. And a court is not going to overturn their interpretation in this case. Sec. 1645 does not say accept a job offer; it says to relocate.

    You may have shot the gun too early.

  3. #3
    Join Date
    Sep 2011

    Default Re: Denied Unemployment After Quitting Job Due to Spouse's Job Relocation

    If you think the NY UC Division overlooked a critical piece of information that would allow you to receive UC benefits under their statutes, then your recourse is to file for a hearing. Be sure to bring evidence of your wife's new job, such as a copy of her offer letter and/or documentation from her employer as to the job offer and start date.

  4. #4

    Default Re: Denied Unemployment After Quitting Job Due to Spouse's Job Relocation

    @Beth3 - thank you. I was worried that filing for a hearing was my only recourse. I now live 2,700 miles from NY! If there is anything I can do from a distance, please let me know!

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