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  1. #1
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    Feb 2014
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    Default Unemployment Eligibility in California with Voluntary Quit

    My question involves unemployment benefits for the state of: CA

    I am a single mom who is seeking work elsewhere but needs to move closer to family to help with the care of my minor child. I'm not able to continue living in the area I am at alone with my child for financial and moral reasons.

    I need to relocate out of area in order to have the support of family to help care for my child while I am working. And financially I am days away from being evicted from our home and have no family/friends to help here. If I kept my current position, this would mean I need to leave Or "abandon" my child m-f while I work 5 hours away.

    Is this a good cause reason to voluntarily quit and qualify for unemployment benefits? I am looking for work in the new location and will continue until I am able to secure employment. I feel the morality of leaving my child either A: alone in my current state for many hours and B: leaving the child 5 hours away from me m-f, are compelling.

  2. #2
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    Sep 2010
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    19,611

    Default Re: Unemployment Eligibility in California with Voluntary Quit

    While I feel for your situation, this does not sound like eligibility in California (or other states I am familiar with) for UI benefits. While total lack of child care may be good cause, the state pretty much requires you to have worked hard to find there is NO OTHER OPTION. Leaving the child in the care of non-family providers is certainly one of the things they REQUIRE you to explorer.

  3. #3
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    Default Re: Unemployment Eligibility in California with Voluntary Quit

    Where is the other parent?

    What has changed recently with regards to your somewhat sudden need to relocate?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
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    Jun 2006
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    Massachusetts
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    Default Re: Unemployment Eligibility in California with Voluntary Quit

    It is extremely difficult to get unemployment benefits if you quit, and I have seen posters who quit for this reason report that they were denied.

    The only ones who can say for certain if you will or will not get benefits are the EDD, and they will not tell you for certain until after you have quit, applied, and had your claim reviewed.

  5. #5
    Join Date
    Mar 2013
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    17,814

    Default Re: Unemployment Eligibility in California with Voluntary Quit

    Bottom line: Assume no UC and act accordingly.

  6. #6
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    Nov 2007
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    Default Re: Unemployment Eligibility in California with Voluntary Quit

    Quote Quoting monet43
    View Post
    My question involves unemployment benefits for the state of: CA

    I am a single mom who is seeking work elsewhere but needs to move closer to family to help with the care of my minor child. I'm not able to continue living in the area I am at alone with my child for financial and moral reasons.

    I need to relocate out of area in order to have the support of family to help care for my child while I am working. And financially I am days away from being evicted from our home and have no family/friends to help here. If I kept my current position, this would mean I need to leave Or "abandon" my child m-f while I work 5 hours away.

    Is this a good cause reason to voluntarily quit and qualify for unemployment benefits? I am looking for work in the new location and will continue until I am able to secure employment. I feel the morality of leaving my child either A: alone in my current state for many hours and B: leaving the child 5 hours away from me m-f, are compelling.
    You may want to see this. You're going to have a problem if you quit.
    Care of Children or Home

    Care of Minor Child or Children
    Arranging child care is an integral part of the arrangements a claimant having small children who need care, must make, in order to work. Thus, before good cause may be found it must be shown that the claimant was left with no practical alternative to quitting. If there is no practical alternative, the necessity of providing child care is considered to be compelling.

    Under normal circumstances arranging care with neighbors, relatives, friends, a nursery school, or day care service are considered practical alternatives to quitting. Therefore, faced with loss of existing child care, a claimant would generally be expected to explore all of these alternatives prior to quitting. Where the loss of existing child care is only temporary, a claimant would logically be expected to cope with child care arrangements that might be less than satisfactory on a permanent basis. For example, the cost may be higher, distance from home, or work farther, etc.

    P-B-237 is illustrative of a situation where the claimant had no other practical alternative to quitting his job. The claimant quit his job in California to establish his residence with his parents in Pennsylvania. The claimant had become separated from his wife and consequently had no one except his mother to care for his two minor children. In finding the claimant eligible for benefits, the Board stated:

    ". . . The claimant had the sole responsibility of caring for his two small children when he became separated from his wife. Consequently the need of caring for these minor dependents made it mandatory for him to leave his work, and since the claimant had no one to furnish this care where he was living he found it necessary to return to the home of his parents in Pennsylvania where his mother could assume the responsibility.

    Under these circumstances and in accordance with many prior holdings of this Board, we conclude that the claimant had a sufficiently compelling reason for leaving his employment in California . . . ."

    The key factors in this case are that the children were very young and the claimant had no one to care for them where he was living. While he might have secured a leave, taken his children to his mother in Pennsylvania and then returned to work, this would have meant abandonment of his children. A finding of good cause does not require a claimant to go to such extremes.

    The cost of supplying child care is usually not a consideration in deciding if a claimant had good cause for quitting. The fact that a claimant does not consider it "economically worthwhile" to continue working is not, of itself, good cause for quitting. However, special circumstances may arise where the claimant would be required to expend an exceptional and unreasonable amount for child care. Such special circumstances would usually involve transfer to different locations or assignments to split shifts.

    In the case of juvenile delinquents, government authorities frequently will order parents to remain home at night to exercise personal parental authority over the child. The degree of compulsion is very strong in such cases and usually the parent cannot make other arrangements to solve the problem. Accordingly, when a claimant quits because the hours of work would not permit him or her to comply with such a directive, the quit will normally be with good cause.

    In P-B-246, the claimant worked a split shift as a telephone operator. She had child care on a 24-hour basis for her infant child, but the nursery home refused to care for the child after learning that it had been exposed to measles through its father. The claimant told the employer of the emergency requiring her to leave, and asked if she could be assigned to night work so she could continue working. The employer did not grant the request for night work or offer the claimant a leave of absence. In holding the claimant eligible the Board stated:

    "Although the employer had a leave of absence policy in effect the evidence shows that the employer did not inform the claimant thereof prior to her leaving nor did the employer offer to grant one to the claimant despite her efforts and willingness to continue working. Under the circumstances herein the claimant did everything that could be reasonable expected of her to preserve her position prior to leaving it and the employer did nothing to aid her in such effort."

    If the claimant's problem can be solved by transfer to another shift or locality, the claimant would be expected to attempt to make such arrangements before good cause could be found for quitting.

    Other Domestic Obligations
    A quit for the sole purpose of remaining home to perform household duties may be understandable but will seldom, if ever, be compelling. Consequently, a quit for such a purpose will be without good cause unless other circumstances are present which make the quit compelling, such as care for ill children or other family members.

  7. #7
    Join Date
    Feb 2014
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    3

    Default Re: Unemployment Eligibility in California with Voluntary Quit

    Quote Quoting Dogmatique
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    Where is the other parent?

    What has changed recently with regards to your somewhat sudden need to relocate?
    I have until recently had a family member who was supplementing income to help me. They no longer can do this. The other parent is not a part of the child's life.

    I've looked in to many options for care other than family but am not able to find a program for the child's age and hours needed.

  8. #8
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    Default Re: Unemployment Eligibility in California with Voluntary Quit

    I can't see you qualifying at all.

    But it never hurts to apply - you won't lose anything by doing so.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
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    Dec 2009
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    Default Re: Unemployment Eligibility in California with Voluntary Quit

    Quote Quoting Dogmatique
    View Post
    I can't see you qualifying at all.

    But it never hurts to apply - you won't lose anything by doing so.
    OP would have to quit her job to apply for UI, so what she would lose is her income.

  10. #10
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    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Unemployment Eligibility in California with Voluntary Quit

    Quote Quoting monet43
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    I have until recently had a family member who was supplementing income to help me. They no longer can do this. The other parent is not a part of the child's life.

    I've looked in to many options for care other than family but am not able to find a program for the child's age and hours needed.
    Is dad paying child support?
    How old is the child?
    Where in CA do you live?
    What kind of hours are we talking?

    I'm looking for something specific that may help you

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