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  1. #1
    Join Date
    Apr 2011
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    16

    Default Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    forgive me as I posted this in two topics since I am not sure which would be the best option. I am moving soon as my fiance received a promotion which requires relocating from CA to NV. On the EDD website I see there is a section about "trailing spouse" however we are engaged and have a wedding date set for 8 months away. We will be moving in two months. I see there is a section for registered domestic partners and also, it says if "marriage is imminent". This is what I found on the CA EDD website.
    "The claimant's prospective marriage is imminent and involves a relocation to another area because the claimant's future spouse has established or intends to establish his or her home there, and it is impossible or impractical for the claimant to commute to work from the other area" VOLUNTARY QUIT 155- domestic reason. From reading this it seems pretty cut and dry. I just want to make sure I do all that I need to, to get the best chance at an approval as it will take a little while to find work. I plan on giving my employer a 30 day written notice. Does that notice need to say anything specific about my reasons for quitting? When we move and after a week of unpacking when I am ready for interviews I plan to file for EDD in CA. What documents will be needed, or is just my written word all I need? Do I need to show proof from his employer he is transferring? Do I need to show proof we are engaged to be married?

    My stomach is in all sorts of knots over this because I have been with this company 3.5 years and its a very unconventional small construction company with some serious HR issues going on and several employee and sub contractor lawsuits are always flying around here. There is no actual HR department, its just the owners wife who happens to literally be the devil in disguise. In the time I have been here, she has has fired 7 different employees in 3.5 yrs. They were all decent employees, she just hates everyone but me it seems like. She fights their unemployment when they file, and she will absolutely protest when she finds out that I have filed after I quit. I know its not her decision for me to be granted the EDD benefits but seems she will make it hard on me if she can. Not to mention there is a chance of getting an EDD claim person not familiar with the " marriage is imminent" clause, or how could I possibly fight an appeal if I have moved to another state. If I needed to take it that far, how would that work?

    We are paycheck to paycheck people and its taking our wedding money and all our savings just to make this move. It will hopefully better our quality of life with his promotion and lower cost of living so we are taking the leap. I just cannot see this being a smooth transition unless I can get some sort of EDD Benefits while im looking for a job. If I had some confidence I would be approved for benefits I think this would be a major stress relief as the anxiety is almost overwhelming for me. Is there anyone here with any experience in this specific situation or similar that has any advise?

  2. #2
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    Given that your plan is to quit 7 months prior to the wedding I question whether that meets a reasonable definition of 'imminent'.
    "Where do those stairs go?"
    "They go up!"

  3. #3
    Join Date
    Apr 2011
    Posts
    16

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    we could always file for marriage certificate and then have the wedding as planned later down the road, this is the advice I am seeking. It says future spouse, I dont think a wedding planned 7 months down the road is the concern. I don't even have to be married and it states " future spouse" . We have been together for almost 10 years so yes marriage is imminent, just dont know how that can be proved which is why im seeking advise from someone that knows this situation. I dont want to run to the court house for purposes of a 6 month unemployment claim, that seems ridiculous. Would it be a slam dunk if we were married before we move ?

  4. #4
    Join Date
    Mar 2013
    Posts
    17,783

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    Would it be a slam dunk if we were married before we move ?
    Probably. But until then, CALL the EDD and get specific answers to specific questions.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,003

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    Quote Quoting ABC77
    View Post
    We have been together for almost 10 years so yes marriage is imminent, just dont know how that can be proved which is why im seeking advise from someone that knows this situation.
    It can't be proved because your assumption that being together for 10 years automatically means you're getting married soon is incorrect. Being together for 10 years does not necessarily mean that marriage is imminent. My spouse and I have been together for 30+ years, with the sincere intention of remaining so for the rest of our lives. However, for us, marriage is definitely not imminent. I'm sure there are plenty of folks out there just like us, and I'm sure the UI people have met more than a few of them.

    If you want to prove that you're getting married soon (and certainly sooner than seven months from now, to paraphrase another responder here, seven months is definitely not "soon"), you need to set a date and book a venue (plus a bunch of other getting-married-soon-proof things like buy a dress, select a bridal party get an engagement ring, send out invitations, etc. Show all this proof to the UI people and there's a good chance they'll believe you're getting married soon.

    Quote Quoting adjusterjack
    View Post
    Probably. But until then, CALL the EDD and get specific answers to specific questions.
    like button

  6. #6
    Join Date
    Apr 2011
    Posts
    16

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    I didnt realize I could call the EDD and ask them these questions. I didn't think they have a customer service. We have had a date set for the wedding since before he got the offer to transfer. So to be clear, I need to be married immediately upon moving instead of waiting for the date we have already set and sent invites to family in the military that wont be back for 8 months. The point that Im getting married is not enough it has to be immediate? If this is the case then I need to make a plan for a different date. The state also recognizes domestic partnership, so in that case do people have to be registered with the state ?

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,347

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    How 'immediate' it has to be is not up to us. The only entity who has a vote in this matter is the EDD. You may have a hard time getting through but yes, they do have a customer service area. Call them.

  8. #8
    Join Date
    Mar 2013
    Posts
    17,783

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    Quote Quoting ABC77
    View Post
    I didnt realize I could call the EDD and ask them these questions. I didn't think they have a customer service. We have had a date set for the wedding since before he got the offer to transfer. So to be clear, I need to be married immediately upon moving instead of waiting for the date we have already set and sent invites to family in the military that wont be back for 8 months. The point that Im getting married is not enough it has to be immediate? If this is the case then I need to make a plan for a different date. The state also recognizes domestic partnership, so in that case do people have to be registered with the state ?
    Ever hear of the KISS principle? "Keep it simple, stupid." No reflection on you but if you want to keep it simple, get married with a justice of the peace and have your ceremony and reception later.

    Anything else you risk getting denied and going through the appeals process with no money for who knows how long.

  9. #9
    Join Date
    Mar 2012
    Posts
    1,345

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    There's stories on the internet where people that were getting married in less time than you that were denied as a "quit to relocate."

    http://www.city-data.com/forum/unemp...dd-appeal.html

    These people were married, and still were initially denied because they told their story wrong. If you're living paycheck to paycheck, you better get some more money saved up because you can't count on getting UI immediately in a situation like this. from this guy's story, he probably applied in September, started looking for help in Oct, and didn't get UI until Nov. Probably an eight week wait. You sound like you'll be sunk by then. You need an extra eight weeks of savings to get by in case things don't work out for you, and maybe more if "7 months" isn't "imminent" because you won't be getting UI at all.

  10. #10
    Join Date
    Apr 2011
    Posts
    16

    Default Re: Voluntary Quit- Trailing Spouses- Relocating with a Fiance from California to Nv

    Thank you so much for your replies and the suggestions. I am better prepared due to this. We have some savings that is for our wedding, so we will use that if need be. Its not the end of the world. I mean Ive waited 10 yrs for a wedding date, so I can wait longer if I need to I suppose.

    I plan to have all my ducks in a row and not make the mistakes of the person on the city data link that was shared. I am now wondering if I have moved out of state, do I have to travel back to CA if it ends up going to an appeal ? Do they offer telephone hearings ? and would that lessen my chances of approval ? I do plan to work up to the day I leave, but I should wait about a week later after we have unpacked and im ready to accept full time work? Does that timing sound correct ?

    There is currently a high number of people leaving CA and Ive read that there are a lot of trailing spouse claims right now and the denial chance is high if you dont prepare yourself. Since the State has to pay for these claims vs the employer paying I bet the denials are something they are pushing for.

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