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

    Default Re: Moving, Quitting, Seeking Unemployment

    Quote Quoting Francisco
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    -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
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    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.

  2. #2
    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.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Moving, Quitting, Seeking Unemployment

    Quote Quoting cbg
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    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."

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