ExpertLaw.com Forums

Can You Get Unempoyment if You Quit to Relocate for Your Spouse's New Employment

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 08-19-2015, 06:50 AM
    Syms
    Can You Get Unempoyment if You Quit to Relocate for Your Spouse's New Employment
    My question involves labor and employment law for the state of: MA

    My wife recently accepted a position in FL. We decided that it would be best to be closer to some of her family members that are sick and will need to be taken care of (since she is a nurse, this would be beneficial for her family to have that support). I work in MA in Biotech and I have been having a difficult time finding work down in the area we are going to be living in. I have not given my official notice to my job and I am wondering if someone in my situation (non military) would qualify for UI under the trailing spouse. I am employed full time salary at my current job with benefits. We are planning on moving in a month. What should someone in my situation do?

    Thanks in advance for any advice.
  • 08-19-2015, 06:54 AM
    cbg
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    MA does not have a trailing spouse provision.
  • 08-19-2015, 06:56 AM
    Syms
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    Damn, so I am pretty much SOL. Nothing I can do in FL?
  • 08-19-2015, 07:01 AM
    llworking
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    Quote:

    Quoting Syms
    View Post
    Damn, so I am pretty much SOL. Nothing I can do in FL?

    You could stay where you are, and follow your wife down there later once you find something. Its a fairly common thing for spouses to do in this situation.
  • 08-19-2015, 07:05 AM
    Syms
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    I thought about that. It's just tough with a 1 year old, not having a place to live and I do not plan on staying in NE after last years storm. 31 years is enough for me! Oh well, I am going back to school for a certificate which will help me in the long run. I will continue job hunting in the meantime! Thanks again for the advice.
  • 08-19-2015, 12:42 PM
    comment/ator
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    Quote:

    Quoting Syms
    View Post
    Damn, so I am pretty much SOL. Nothing I can do in FL?

    When you've been working in MA and you leave that job and file anywhere, even if you file the claim in FL, it will still be a MA claim, good for whatever your old state pays in unemployment benefits, etc. And in your case, this is a very good thing in regards to unemployment. While there is no "trailing spouse" allowance in MA, in other words, quitting your job to relocate with a non military spouse who has gotten another job isn't considered a valid reason to quit your job and get approval for unemployment, you'll still have a full set of base period wages in Massachusetts, which is one of the most generous weekly benefit amount states in the whole country.

    What I would do, as soon as you get to Florida and have an address, file a claim for unemployment. This will be an "interstate" claim, will be based on your earnings from your job in MA, and will be quite a large chunk of change, compared to Florida's princely sum of $275 per week, max, IF you can get through their horrible and convoluted sign up system to get a claim set up and get through that terrible understaffed underperforming claims system.( Welcome to the southeastern third world part of the USA. I'm not real sure that giving up blizzards for their kind of state services is worth it.) But anyway.....

    File the MA claim through the FL system, which they will know how to do, pulling in all the wages from the base period employer and connecting you with the MA interstate claims unit. This what you will have to do. You always file in the state you are going to live in. Eventually, they'll get you a claim set up and you'll have a decision made by MA interstate appeals about whether or not you can draw benefits. It will more than likely be a no, the trailing spouse thing. But that claim will stay in effect for one full year from the date of filing.

    Now, quickly, get out and find yourself some temporary employment in your new home. Work enough to make 10x the amount of your weekly benefit amount on the MA claim. Then the job ends, or you are laid off (through no fault of your own.) You re open your unemployment claim and bingo, the disqualification is removed, and you have a nice claim set up to draw a maximum of 26 weeks during the original benefit year of MA weekly benefits. They may even have some school benefits available for you or way they can help you use your unemployment while attending retraining.

    But file that claim, get it set up, and then begin picking up all the temporary work you possibly can. That will be the key, you've got to take something and work at it and make some weeks of wages and then be out of work through no fault of your own, and then the unemployment button is pushed on the MA claim.
  • 08-19-2015, 01:11 PM
    HRinDEVON
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    MA does allow for quitting to care for a family member ...not clear if you are to be a care giver or not....
  • 08-19-2015, 01:36 PM
    cbg
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    It is quite clear that the WIFE is the one who is going to be the care giver.
  • 08-19-2015, 03:37 PM
    comment/ator
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    If he files the claim, they'll settle the caretaker issue, as far as unemployment is concerned, anyhow:)
  • 08-19-2015, 04:07 PM
    chyvan
    Re: Spouse Relocating Can I Collect Unemployment from Ma
    Quote:

    Quoting comment/ator
    View Post
    What I would do, as soon as you get to Florida and have an address, file a claim for unemployment.

    Why? He can just as easily file in MA through the internet. While MA may be slow, FL's adminstration of a claim leaves a lot to be desired.

    Quote:

    Quoting comment/ator
    View Post
    You always file in the state you are going to live in.

    Why? There is no legal requirement to do so. I tell people to file the claim in the state with the more forgiving UI system as in forum shop. I've had people get some very pleasant surprises.

    Even based on what you're telling him to do, it makes even more sense to file in MA. If he's successful at getting a temp job in FL with a qualifying separation to purge any disqualification, he'll be able to draw his 30 weeks of MA benefits, and THEN when that runs out, he'll be able to use his MA lag earnings plus the FL earnings to get a 2nd back-to-back claim even though the FL claim will pale in comparison.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 09:39 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved