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  1. #1
    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.

  2. #2
    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."

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