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  1. #1
    Join Date
    Jun 2019
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    1

    Question Trailing Spouse - California to New Hampshire, Which State to Apply

    My question involves labor and employment law for the states of California and New Hampshire

    My husband received a fantastic job offer in New Hampshire and he accepted the position.
    My children and grandchildren live in NH so the decision was a "no-brainer".
    I have been working full-time for the same company for 3 years and have looked into filing for "trailing spouse" unemployment benefits.

    I know both CA and NH have "trailing spouse" unemployment benefits but......
    Do I file in California or New Hampshire?
    Do I file before I leave or after I get to NH?

    I'm not sure what to do and I'm getting stressed out......
    Please help!!

    Thank you

  2. #2
    Join Date
    Jul 2018
    Posts
    1,300

    Default Re: Trailing Spouse - California to New Hampshire, Which State to Apply

    As far as California is concerned, read this. However, I suspect that, once you're no longer a California resident, any benefits will stop. I also strongly suspect New Hampshire will not give you anything because you were never employed there.

    Perhaps your husband ought to have considered that moving would require you to quit your job before accepting his "fantastic job offer." If you can't afford to move with only his income, then you may need to reconsider this.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,901

    Default Re: Trailing Spouse - California to New Hampshire, Which State to Apply

    When you called the EDD and asked them these questions, what did they say?

  4. #4
    Join Date
    Mar 2012
    Posts
    1,324

    Default Re: Trailing Spouse - California to New Hampshire, Which State to Apply

    Quote Quoting wendymt
    View Post
    Do I file in California or New Hampshire?
    CA, either because you're in CA when you quit, or even if you're in NH, you use the EDD website.

    Quote Quoting wendymt
    View Post
    Do I file before I leave or after I get to NH?
    You file when you quit regardless of where you're at. Depending on the circumstances of your move and the date and how it aligns with a quarter change over, you might want to apply via an iPad while you're pulling out of the parking lot of work.

    Now, the cautions:

    It's TRAILING spouse benefits. It's not I-needed-to-quit-early-to-help-pack benefits, nor I-hung-around-for-4-month-after-my-husband-left-waiting-for-the-house-to-sell benefits. It's also for people that are able and available for work. If you're renting a U-Haul, don't try to claim benefits while on the road trying to say, "I looked for work online." You wouldn't have been able to immediately start work if offered if you were 1,500 miles from the newly offered job.

    Also, you still MUST try to preserve your employment. That means that you need to be able to prove that you asked for a transfer to a work location within commuting distance of your new residence or for telecommuting arrangements. It doesn't matter if you know in practice that it's impossible. You either have to prove that it was futile (and your opinion doesn't count) or that you asked so I suggest you do that via email or text so you have written proof, and a response that says, "You've got to be kidding, no."

    When you quit, you must write a proper letter of resignation stating that you are moving to follow your husband who received a new and better job in NH.

    I strongly recommend that you make your husband do all the planning and moving. You need to work until the LAST second, and then I think you should be seen leaving work in an Uber to the airport to fly to NH. That way you won't have to worry about anyone poking any holes in your story that you followed your husband. People that do this wrong, do get denied under a "quit to relocate."

    As a quitter, you have the BURDEN so you save paper to prove your story: mail forwarding, lease or purchase documents for the new residence, proof of the offer from your husband's new employer showing that it was BETTER than his old job with prior paystubs, that he actually started the job, and it wasn't rescinded.

    pg1067 isn't right about losing CA residency and losing your benefits. UI benefits are portable.

    Also, don't feel guilty about the UI benefits. CA is just a very generous state in this regard.

    https://www.edd.ca.gov/UIBDG/Volunta...tionandDivorce This is the section that pg1067 should have linked. While it's called "trailing spouse," it's really to persevere the family unit.

    Now contrast that to: https://www.edd.ca.gov/UIBDG/Volunta...alFromLocality

    You really don't want to come off as someone that was really into living in NH.

  5. #5
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,368

    Default Re: Trailing Spouse - California to New Hampshire, Which State to Apply

    I worked a couple of international contracts some year ago and when I applied for benefits upon completion of the contracts I applied in the states that the benefits were paid in even though I didn't reside in those states. I never had a problem collecting because those benefits were already paid for by the employer.

    You should apply in CA. The worst they can do is say no but I suspect that there will be little problem and the benefits won't cease after you move.
    "Where do those stairs go?"
    "They go up!"

  6. #6
    Join Date
    Jan 2015
    Posts
    1,135

    Default Re: Trailing Spouse - California to New Hampshire, Which State to Apply

    Of course you can draw a CA claim while living in another state! Happens all the time. Do not understand why we'd be throwing up such definitely wrong info about it.
    I'd very strongly bet all your wages were paid in in CA, and this will be a CA claim, regardless of where you apply for it. It will be set up at the CA rates, using the CA rules, and CA, Lord bless 'em does have a very generous "trailing spouse" provision. Some states do not, and you are just considered to be out of work for quitting your job. But in CA, the reason to leave your job that your spouse has another job in another area where you cannot commute or be transferred is quite likely to be deemed a reasonable reason to quit the job, thus approved for U.I. And you DO NOT have to be in the state or give up benefits!

    In these modern times, you can use the CA website to apply for benefits from anywhere once you get set up in N.H. and have a good mailing address and your bank accounts set up there. Naturally you will want to get your contacts and your job searches and mail where you will be living in the here and now. You can receive CA benefits (provided you set up a monetary claim) until the claim ends as long as you are approved and continue to meet the certification requirements for each certification period. At present, no claim lasts more than 26 weeks, and during this whole claim you are required to be able, available, and actively seeking full time work --of course in the area where you now reside. And you must comply with any and all of the provisions for work seeking, registration, etc. required by the CA claims situation. You will be allowed to do your registration for work, appear for any in person activities in the state where you now reside. All the states work together on this.

    The caution against quitting too soon to pack and prepare for the move is pretty valid. Work as long as you can, but then you should be okay.

    All the advice you're getting about how and when and what to say is pretty good, though I doubt it will be quite this detailed and complicated. But you do have to make it clear you are quitting not for convenience, but necessity, and that you are following the requirements.

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