My question involves unemployment benefits for the state of: California
Kind of long, but I felt i needed to demonstrate the facts
Here is my appeal letter. Let me know what you think my odds are of winning my appeal:
I disagree with the Department’s decision because:
The Department stated that I quit my job with ----to:
• prepare for my marriage
• to take place sometime in the future
Based on the above interpretation of the information the Department has found that I do not qualify for benefits under section 1256. I disagree with the departments denial of good cause.
I assert that I resigned my employment with good cause as stated in section Title 22, Section 1256-12 (b):
"Good Cause. A claimant leaves the most recent work with good cause if the claimant has taken reasonable steps to preserve the employment relationship and the claimant left work due to circumstances relating to the claimant's prospective or existing marital status of such a compelling nature as to require the claimant's presence, including any of the following:
The claimant's prospective marriage is imminent and involves a relocation to another area because the claimant's future spouse has established or intends to establish his or her home there, and it is impossible or impractical for the claimant to commute to work from the other area.”
1. Marriage and Honeymoon
Department policy with respect to claimants who quit to be married is equally applicable to either males or females. Quitting to be married will be with good cause provided:
a. the marriage has occurred or was imminent at the time of quit;
b. the marriage necessitated the claimant's relocation to a new residence;
c. it would be impractical for the claimant to commute to the place of employment from the new residence;
d. and the claimant took reasonable steps, such as requesting a transfer, to protect the employment relationship.
My prospective and imminent marriage will take place on or before ---approximately within 3 months of the date of my resignation.
• “Claimant's future spouse has established or intends to establish his or her home there, and it is impossible or impractical for the claimant to commute to work from the other area.”
My future husband is the well established in the ------- (out of state)area.
• “The claimant's prospective marriage is imminent and involves a relocation to another area”, which is according to the Department’s above stated definition establishes grounds for good cause.
“In some cases a claimant may quit well in advance of the intended marriage. In such cases, good cause will be dependent upon why the claimant quit at that time. As to how many days prior to the marriage a claimant may quit and still have good cause, no arbitrary rule can be established. Rather, this will be dependent upon the nature and extent of advance preparations that were to be made, and whether or not these arrangements could have been accomplished without leaving work that soon.”
It would be impractical and improbable to make the necessary preparations to marry in the State of ----, while residing in the State of ------.
My engagement occurred on June 1, 2008. Marrying within 125 of the date of my engagement is not an unreasonable amount of time, considering the relocation and planning of such an event. In addition, my resignation effective date was only 95 days prior to my marriage. Again, not an unreasonable amount of time considering the extent of the preparations and arrangements necessary for an out of state marriage.
I have been a highly respected and dedicated employee of -----for over -- years. My reviews are excellent and always exceed standard.
My original intent was to retire as a -----employee. Given the opportunity, I would have gladly telecommuted, however, as that is not an option, I was forced to resign due to my required relocation. Additionally, due to the nature of my employment and position, transferring is not an option.
My intent is to seek employment of a similar nature in the state of ----.
In anticipation of our marriage, my fiancé and I are residing together and presenting ourselves as a couple to the community.
Finally, I find the departments decision to be contrary to your specified definition of good cause in my case, given the situation, time-frames, and necessity to relocate.
I respectfully ask that the department review and rethink the denial of unemployment benefits.