help


(San Antonio, Texas US)

Hi. I had been employed for seven years with fulltime employment and a part-time employment job. My fiancé and I relocated because he was promoted to Major of Corrections. We could not afford two carry two households therefore I relocated with him. I have only been on employment benefits once in 1996; which was only three months and I found a job. I am having problems finding employment, however I am confident I will. In the meantime, all the bills are due and one income home is no way working. I was denied benefits because I voluntary left my job by resigning and explaining why. Is this worth appealing?





Just to make sure I'm clear before offering an explanation or resource that explains when quitting to follow a spouse may be a provision that applies to unemployment benefits ..or a fiance .. Is any other state involved in your claim other than Texas?

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Jun 10, 2013
Texas Only State Involved.
by: Maxine

Our state involved is Texas only. It states I voluntary left employment. However I did not voluntary leave. I had no choice and I did ask if the company I work for had a program in the city we were locating to; which they did not. My part time employer was asked to give me refer to the county which I was moving to. My second job is with the county and I thought I could get a contact person to the new county and therefore have employment.




Hi,

Then you need to see Table 5-6 and read the footnote for TX.

It's very unlikely you would be able to win an appeal and begin to collect unemployment, even if you were the spouse-to-be of a member of the military. And not to mention the little hitch that the move must apparently be out of the State of Texas, or that you aren't married yet.

None of it bodes well, as far as I can see.

A quit must be attributable to the work, or the employer, or alternatively, fit into some provision in law allowing a quit for good personal cause .. which when/if you dig down into precedents, will usually reveal that to prove a personally compelling and necessitous good cause reason to quit, you still must give the employer the opportunity to help you preserve the job with .. maybe a resonable and doable accommodation.

Asking for a transfer per employer policy might be one such effort to make in an attempt to preserve the employment.

However, asking for job contacts in another county isn't quite the same thing as something the employer may reasonably have control over.

Now, to answer your question about whether this is worth appealing. I do not give permission to quit, however, if you had requested coaching, and we had talked about this .. I'd be refunding 25 dollars to you right now ..

Because, if it were me (given the details I do know) I would not appeal.

Maxine, Texas is a relatively conservative state including when it comes to handing out unemployment benefits.

But, this isn't to say they don't provide what I believe to be great information in the form of the TX unemployment appeal policies and precedents.

Chris


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