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  1. #1
    Join Date
    Sep 2016
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    Question Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    My question involves labor and employment law for the state of: wisconsin

    I worked FULL TIME for 5 years in WI in retail. My husband was promoted to a corporate job in illinois. I gave my supervisor notice and moved here. I filled for unemployment for last week. Since I found out online that if you move to follow a spouse to another state you can claim it. Unemployment denied my claim. I filled an appeal but am I in the wrong?> Do I not get it? Also I filled in WI but now live in ILLinois where do I file it?

  2. #2
    Join Date
    Mar 2012
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    1,358

    Default Re: Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    You should have filed in WI.

    http://workforcesecurity.doleta.gov/...onmonetary.pdf

    According to that it says you can get UI for a trailing spouse on page 5-7.

    Type in the denial. Just because you think you followed the rules by following your husband, doesn't mean that you did it right. Lots of things can ruin a trailing spouse claim:

    Did you quit early to do the packing?

    Did you really move so far way that you couldn't have kept your job?

    Did you ask your employer to be transferred to a work location close to your new residence.

    Did you even tell your employer it was to follow your husband or just a generic, "I loved working here my last day will be mm/dd/yy"?

    There are all kinds of tiny gotchas in a trailing spouse claim that if you don't know it up front then you make mistakes that cost you your UI because you didn't know what you needed to do BEFORE you quit that job, wrote that letter of resignation, and filled out that application for UI.

  3. #3
    Join Date
    Sep 2016
    Posts
    3

    Default Re: Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    Thank you for your advice,
    I gave them a little over two weeks notice, to be polite and specifically told them I was moving to Illinois because my husband got promoted. I didn't ask to be transfered.. In my appeal it went into more specifics about how far I moved and how my husband got relocated. I guess I'll see what they say.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,394

    Default Re: Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    Some states have "trailing spouse" provisions and some don't. It's all going to come down to whether WI has one or not.

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    I believe WI is a state that seems to have fairly generous one, but all the things mentioned above will apply. What do you mean, "in my appeal, it went into...." Okay does that mean what it said in your initial decision denying benefits? Tell us what that means, what specifically does it mention about how far you moved and "how my husband got relocated." Did they say you "only moved to another state but it was still a reasonable commuting distance?" Before you would know what to say in an appeals hearing, you'd need to know exactly why you were denied.

    Do file the appeal, which incidentally you do not have to make any arguments in the request for an appeals hearing. You just send it back stating that you disagree with the decision and you want to file an appeal. You do this within the time allotted to you to do this. You keep making weekly or bi weekly certifications for work as you were instructed to do when you filed the claim. If the decision is reversed, you will be back paid for weeks for which you have certified.

  6. #6
    Join Date
    Sep 2016
    Posts
    3

    Default Re: Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    I filled out an appeal online. MY original denial letter said
    The employee quit but not for a reason which would allow the payment of benefits.

    The employee quit because she had to relocate after her husband was transferred.

    It asked for a appeal reason and I indicated that my spouse was promoted and transferred to another state which would be a minimum of a 3 hour and 7 minute commute. I can't seem to find a denial reason then because everything I have read says I am entitled to the trailing spouse reason.

    The letter I got says

    The employee quit but not fore a reason which would allow the payment of benefits
    The employee quit because she had to relocate after her husband was transferred.

    It doesn't explain very well what the issue is. I need to know what to appeal

  7. #7
    Join Date
    Mar 2012
    Posts
    1,358

    Default Re: Can You Get Unemployment if You Resign to Follow Your Spouse to a New Job

    Quote Quoting bredman
    View Post
    The employee quit because she had to relocate after her husband was transferred.
    This is why you were denied. It loosely translates as "quit to relocate." While I don't know how WI does it, it happens to CA people a lot that also allows for "trailing spouse." Maybe it comes first on the list that some of the bad adjudicators use.

    However, as the quitter the burden is on YOU.

    At your hearing, you must prove:

    Your husband actually got a new job at the new work location. You need to know WI's law or take on this. Could be that the husband getting a NEW job allows benefits, but getting "transferred" may not because it's the same employer. Sometimes these decisions really split hairs.

    That YOU actually moved.

    That you told your employer WHY you were quitting. This is where your letter of resignation if written correctly really helps you.

    That the quit, move, and husband's new job are at a time that makes sense. You can't quit a month before the move to pack, and on the flip side, you can't linger around for 6 months because then it looks like you didn't follow your husband, but rather you couldn't afford two households anymore, and that falls under "personal finances."

    That you tried to preserve your employment. If you work at Macy's, and there's one two miles from your new place, you better be able to prove that you asked for a transfer, or to telecommute.

    Quote Quoting bredman
    View Post
    It asked for a appeal reason
    The reason is because it's "wrong." You don't write a novel on these things. These are REQUESTS for a hearing.

    Quote Quoting bredman
    View Post
    and I indicated that my spouse was promoted and transferred to another state which would be a minimum of a 3 hour and 7 minute commute. I can't seem to find a denial reason then because everything I have read says I am entitled to the trailing spouse reason.
    Which is all fine and good, but you need EVIDENCE. Paperwork from your husband's employer, letter of resignation, Google maps print out showing the distance and commute time for the hours you'd be working, and a copy of a forwarded piece of mail with your name and that yellow sticker the post office uses.

    Some might say this is overkill, but you get ONE hearing. If you forget anything or aren't believed because you could have brought better evidence, and didn't, you won't get a second chance. You testifying to things isn't nearly as powerful as paper from disinterested third parties.

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