My question involves unemployment benefits for the state of: CA
I was recently denied UI benefits on the grounds that I was "preparing for my upcoming marriage". When I had the phone interview she asked me the MAIN reason for leaving my employer of 3 years (a 30 hour a week job). I stated that I could no longer afford to live in Ventura, alone.
I said that my fiance' and I have been together over 10 years, own a home, as Joint Tenants, own two autos together, have joint accounts, etc. She asked if we had any biological children together. I said no, but he has raised mine, with me, since they were young.
I stated that due to him accepting a position, an advancement in his career, at a new company in Torrance we would have to move.
She then, pretty much, ended the conversation.
When he accepted the original position I declined to move. It became apparent real fast that I could not maintain our home alone as he had contributed over 2/3rds of the costs. His mommy didn't want him to sell so she agreed to buy my share out, which never happened. We then listed it for sale. I had to put in over 10,000 to make it "worth" what the others were listed for in the area. At this time I had been working two jobs, both part time, 7 days a week. Due to having dogs I would have to leave work any time it was to be shown. To make this shorter, I had to quit the weekend job to be available to show the home.
During this time, we reconciled and he began to make the commute home most nights. The commute is 75 miles, each way. With a travel time of 1 1/2 to 2 1/2 hours each way...a minimum of 3 hours a day (usually closer to 4). We took the house off the market and he began looking for work back in our area.
He had started two classes at the local college (at the new location) and needed to finish those in the meantime.
Then, a job became available at a very large company where he could advance in his career and for all the "right" reasons, he could not turn it down.
I again, was faced with having to make a decision as I could not afford to live in our home and he could not afford to maintain two residences. I looked into taking out a second on our home so that I could at least survive a move on my own I had incurred a lot of debt with the remodel and having to try and maintain the home on my own while it was for sale. My part time job in no way comes close to the costs of keeping our home. With the market the way it had become selling was not an option.
We finally agreed to rent out our home and move, together, to the new location which happens to be where we moved from before moving to Ventura and where my parents, his parents and my three newly adult, daughters live.
My mom is a Certified HR Generalist and persuaded me to file for UI. She said I had not one, but several compelling reasons to voluntarily quit my last employer, but it seems that UI doesn't feel the same way.
First, though we are not married and not registered as Domestic Partners, we are engaged and we have had a long term relationship. We own, everything, together and maintain joint accounts. Under title 22 section 1256-12 would this not fall under "C" The need to preserve family unity? It also states "In some cases a claimant may quit well in advance of the intended marriage. In this case good cause will be dependent on why the claimant quit at that time.
We also found that under Title 22 Section 1256-8b it goes on to state "There are numerous reasons a claimant may be required to change his or her residence, for instance, .......the rent may have been increased byond the claimants means, the claimant may have lost a roommate, .....etc...if they don't want to recognize the imminent marriage, at the very least, I lost a roommate...one who paid MOST of the costs to live there!
In the same section it speaks of distance and travel time. Keeping in mind this was a 6 hour a day position and my prior commute time was 22.8 miles a WEEK at most, The new commute would have been 728.40 miles per week with an aproximate 2 to 3.5 hour drive EACH way. I did the math and with my older car (115,000 miles on it) the aproximate mpg would be 20. My car takes only premium gas...the cost of JUST gas per week would be around 156.00. This does not include oil, tune ups, tires, etc. I brought home aproximately 1600 a month I would now be spending over 600 a month on fuel charges, not to mention TIME commuting.
I made every reasonable effort from November of last year to figure out a way to survive.
I spoke to my employer all thru this time trying to come up with alternatives for all concerned. There were no other locations as it was a small, one person office. The position would NEVER go full time, with benefits (I had to pay for my own with my employer contributing 400 per month toward my plan which I had to purchase under HIPPA) They had only done this for two years and were seriously talking about cutting my hours so that they would save on my salary and not have to pay ANY benefits. (I won't even get into the fact that I worked in excess of 8 hours a day, including many weekends WITHOUT PAY just to be able to keep up and they KNEW this...I also had four "bosses" in three years, three of them in the last 6 months...no job stability there!). I asked about working more hours, less days....maybe three 10's....no, they wanted someone in every day...in the end she even asked her husband to help me find a new position in the area I now reside in!.
I looked into renting out a room in our home. That, with two jobs, I would still not be able to afford to stay in our home. I looked again, into selling, renting out and renting another place in Ventura, still, couldn't afford it on my own. I even tried to place my two older dogs in homes at one point, to no avail (thank God!).
I had no friends there, and had, in fact, all my family live where we moved back to.
I know this is long, but I have my appeal date for next week and I am trying to piece this all together, without going on and on....trying to figure out how to present the facts and find out if I have a case, which in all that I could find I keep reading "by itself it's non compelling but with other factors...."
All I know is that I had NO choice...my life, as I knew it, was going to change no matter how I tried. He moved due to better jobs, one in hand before he left. He moved due to continuing education. He had earned his AA and could advance no further in our area while working full time. I couldn't afford the home without his income and the commute, once it was done, There was no way I could do that commute.
What can I do? Any thing I can read to prepare? Which should I stress, leave out, etc.? Do I even have a chance?
I have searched for work since the move and keep all the copies of things I have applied for. I have only received THREE calls for interviews! If I don't win my appeal I am going to be even further in financial trouble.
Anything anyone can tell me that could help, please do so asap!!
Thank you, so much and sorry it's long!

