Forced to move after husband laid off but denied unemployment–can I win appeal?
I resigned from my post at a job in Nevada (corporate legal) after my husband was let go from his job and began receiving a lot of interest from employers in an adjacent state. Of course, no one would hire him until he was actually local to that state (CA) and thus, given so much interest there and none where we were living, we made arrangements and made the move. I gave more than two weeks notice and since my departure, no one has been hired to take my place (they have a temp for several hours a week). I applied for unemployment since I do believe it was through no fault of my own that I lost my job, I had to move to be with my husband! Well, of course, now that we are in CA, those job offers are by the by, and my husband has some licensing issues to resolve now that he is local here (in other words, he had to be local before he could transfer his business license here), and all the folks who told me that my resume’ looked great but I had to be here for them to get me work, well, nothing is panning out. At my Examination Hearing (after I initially filed for unemployment), the examiner asked if my husband had work yet, and I said not just yet (it had only been two weeks since the move) and if I had work yet (no I did not). I was denied/disqualified for unemployment and I appealed, at the instruction someone who worked at NV unemployment/DETR, ironically. In my appeal I stated that the reason I moved was not just to relocate, but because of my husband (part of my disqualification was because I “quit before securing suitable employment” in the state I moved to. It was impossible to secure such work without being here! Still, now that we are here, still no job. Husband gets unemployment, but he also gets more interviews than I do…can I win this appeal? It is soon, so the sooner you can reply the better! Thanks.
I’m referring you to Nevada’s explanation of what is considered good cause to quit and follow a spouse and I’m going to point out the only focus I could find for you for your appeal to be successful.
The one thing that you should focus on is contained in this statement.
“While public policy favors keeping a family together, it does not favor couples leaving a location where there is some work for a location where there is none.”
I have no idea what your husband’s license is for, but I know that if you hope to win the appeal you will need him as a witness to testify to why he felt it was necessary to leave Nevada to go to California to seek work and that possibly “residency” needed to be established to afford him an opportunity to get one of those jobs.
Unemployment departments examine labor markets.
I suspect the problem for you is that your husband didn’t have a firm job offer before you quit and moved. You will need to overcome this detail to prevail.
The only possibility I see for you is to prove the move was “legally necessary” to first get a job.
I have no idea if it will work, but I do believe it’s the only option that has a chance at getting you want you need .. UI benefits.
PS If others from Nevada have had success with the same type of situation .. chime in.