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  1. #1
    Join Date
    Apr 2018
    Posts
    3

    Default Trailing Spouse Benefits After Resigning to Relocate Within California

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

    I am looking for advice to show good cause for voluntary quitting in order to qualify for temporary EDD benefits. We are moving 90 miles away for the following reasons:

    -Currently renting in high-rent area. Thomas fire caused additional rent inflation.
    -Landlord recently raised rent 15%
    -Current rent is steap but better than others in the area
    -Inherited house from deceased family member (we will own our own home in new city)
    -In laws all live in the new city
    -My husbands job is transferring his position via tellecommute in new city
    -Father in law has terminal prostate cancer 1-3 years, lives in new city

    Are any of these reasons enough cause to voluntary quit?

    How much information from the above should I provide to my current employer of 4 years? (They fight hard against EDD claims)

    I am hoping to use unemployment to bridge the gap. I will and currently am actively seeking employment in new city. I have never been unemployed longer than a month. I am 35 years old.

    Thanks in advance!

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Moving, Quitting, Seeking Unemployment

    There is no reason to notify your current employer of any of those things. The decision isn't going to be made by them it will be made by EDD.

    Here is a link from EDD on the subject. http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm

  3. #3
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Moving, Quitting, Seeking Unemployment

    Thanks for this info! Are my reasons for moving good cause to quit in the eyes of edd?

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Moving, Quitting, Seeking Unemployment

    That's going to be up to the person reviewing your case. You should pay close attention to the section on good cause quits as relates to trailing spouses. Is it possible you could telecommute? I'm guessing 90 miles each way would be out of the question drive wise?

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Moving, Quitting, Seeking Unemployment

    Quote Quoting Francisco
    View Post
    -My husbands job is transferring his position via tellecommute in new city

    Are any of these reasons enough cause to voluntary quit?
    That's a good one, but CA is pretty liberal, and you can always manufacture a reason and that is "preservation of the family unit or marriage."

    http://www.edd.ca.gov/UIBDG/Voluntar...tionandDivorce

    I know it's tempting to use all the reasons available you, but don't. Just pick a good one. All you need to do it a case like yours is have your husband say to you, "I am moving. If you don't come with me, our marriage is over." It doesn't matter if he wants to move to Vegas and gamble. CA lets you preserve your marriage.

    Quote Quoting PayrolGuy
    View Post
    There is no reason to notify your current employer of any of those things.
    This isn't entirely true. With any quit, you MUST attempt to preserve your employment relationship. That means you need to correctly tell your employer why you'll have to quit and where you'll be moving, and give your employer the opportunity to transfer you to a work facility near your new location or let you telecommute. You must be able to prove that you made the attempt. Only when the employer says, "there is nothing we can do to help you in this situation," do you actually get to quit and assure that you're going to get UI benefits.

    http://www.edd.ca.gov/UIBDG/Voluntar...alFromLocality

    I must caution you. You can quit to follow a suppose or stay with a boyfriend if he's the father of your children, but you can't "quit to relocate." I know it seems weird and they are intertwined, but follow the rules.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Moving, Quitting, Seeking Unemployment

    Clarification; California will recognize a REGISTERED domestic partner as a family member for unemployment purposes but a boyfriend/girlfriend, even if they are the parent of your children, does not qualify in the absence of such a registration.

  7. #7
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Moving, Quitting, Seeking Unemployment

    Quote Quoting cbg
    View Post
    even if they are the parent of your children, does not qualify in the absence of such a registration.
    If you have something very recent where CA has changed it's mind, the below is still controlling.

    "Ms. MacGregor was engaged to, and lived with Dick Bailey, the father of her child. In April Mr. Bailey decided the family should move to New York to take care of his 76 year old father. Bailey's father was in ill health, anticipating surgery, and had no one to care for him. MacGregor, Bailey, and child moved into the father's home in June. The administrative law judge held the claimant ineligible for benefits since there was no marriage, no plans to marry, no assurance the relationship would continue, and therefore no family unit to be preserved. The Board affirmed the ALJ but the superior court overruled the decision.
    "The Legislature has explicitly recognized that the legal relationship between a child and his or her parents is not based upon the existence of a marriage between the parents . . . . Once that relationship is known to exist, the 'rights, privileges, duties, and obligations' of parent and child are conferred . . . . The intimate nature of the family bond among these three individuals would have been forever altered had MacGregor decided that she, or she and Leanna, should not accompany Bailey to New York . . . . The state's policy in favor of maintaining secure and stable relationships between parents and children is equally as strong as its interest in preserving the institution of marriage . . . .
    The conclusion, that MacGregor had 'such cause as would, in a similar situation reasonably motivate the average able-bodied and qualified worker to give up his or her employment with its certain wage rewards in order to enter the ranks of the unemployed' is entirely consistent with the laws and public policies of the State of California."

  8. #8
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Trailing Spouse Benefits After Resigning to Relocate Within California

    Quote Quoting Francisco
    View Post
    My question involves labor and employment law for the state of: California

    I am looking for advice to show good cause for voluntary quitting in order to qualify for temporary EDD benefits. We are moving 90 miles away for the following reasons:


    -My husbands job is transferring his position via tellecommute in new city

    Are any of these reasons enough cause to voluntary quit?

    How much information from the above should I provide to my current employer of 4 years? (They fight hard against EDD claims)

    I am hoping to use unemployment to bridge the gap. I will and currently am actively seeking employment in new city. I have never been unemployed longer than a month. I am 35 years old.

    Thanks in advance!
    Scratch all the above reasons except the one I have bolded for you. My husband's job is transferring his position. I'd even skip the issue of whether or not he is "telecommuting." He has a new job location. Therefore, I am relocating with my husband (you call him your husband, hope he is.) That stuff about expenses, or wanting to take care of your ill father in law or our rent has been raised, etc. are all personal reasons that are not important to the situation. They are simply personal details that would make it nicer for you to be relocating in another place. They have nothing to do with a "trailing spouse" provision for unemployment purposes. Get rid of them. Sit on your one distinct reason.

  9. #9
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Trailing Spouse Benefits After Resigning to Relocate Within California

    If you mention the telecommute they should ask is his employer moving him or allowing him to move.

  10. #10
    Join Date
    Apr 2018
    Posts
    3

    Default Re: Trailing Spouse Benefits After Resigning to Relocate Within California

    You are ALL so wonderful for helping me with this. Yes we are married and I’m female. I love San Fran and I picked my username to maintain anonymity I am revealing my gender and confirming my marital status to reduce any further confusion.

    Really I cannot thank you and this website enough. I thought I would need to pay a labor attorney for a consultation to answer these questions.

    Thank you! I will ask for telecommute opportunity in writing; I don’t think they will allow it. There is no harm in asking and will demonstrate my effort to save the relationship if denied.

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