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Home from working in NY and the holidays .. for good

by Curtis
(CA)

So I worked n NY for November and December.


I came home for thanksgiving and discussed finances with my wife. We both decided that since it was not economical (not profitable) for me to be out there I should probably quit and return home.

When I returned after I had warned my employer I may not be back when I left for thanksgiving, I again explained my lack of financial stature for continuing to being in NY. They simply didn't care which I took a little personal due to the fact that they were paying a majority of the other Journeyman an extra $1500 a month subsistence for being in NY when they were from AZ.

Fast forward to Christmas, I returned home for the holidays to be with my 2 daughters and my wife. Upon arrival my frustration spilled out about the lack of interest of my former employer to help me financially maintain my situation as they were doing for others.

After a lengthy discussion we made a final decision I would be home for good this time.

I filed my UI claim and was denied.

I told the EDD adjudicatory I came home due to financial hardship and that I was the opportunity to return to work back here at home, which I did.

I should add, the phone interviewer was rude telling me "when you resigned" and "only answer the question that I ask you sir". Every time I tried to explain why and denied that I had resigned.

Ultimately, he denied my claim due to me not having an actual date that I was going to return to work for my "opportunity" that I had here at home.

So here I am wondering how to win my appeal. And in awe that CA even cares that I quit a NY job to come home to my family.

I could see a problem quitting a job 30 minutes from home to get a job 5 minutes from home, plus I'm not claiming NY UI, so what's it matter if I did quit with/out good reason to them from a NY job.

I didn't quit my last CA job which I would be receiving the benefits from my contributions. Would me using the fact that I'm in the union and we are all "equal" and after asking for the same financial treatment as the other cross-country employees they refused when I cried out for help to financially survive paying for living expenses in both NY for work and in CA for my HOME where my family lives.

Chris's Response



Hi Curtis,

First, I did a little editing on your question, just so I could see your unemployment dilemma better.

Let me straighten you out on why California is interested in the reason you resigned from a New York job.

The last separation from a job controls your claim, even if the job and separation occurred in a different state. It was the last .. so it overrides your right to continue collecting benefits on any existing claimthat may of found you eligible. When you try to reopen that claim if you quit, or are fired from subsequent employment to the BYB date of the claim you've actually
broken a mold they count on to keep the antiquated system chugging along. But take heart .. it's happening to more and more people everyday in this new labor market.

True job security has always been a myth, but the mystery is why it's taken employees this long to relate the myth to how unemployment law works. But back to your questions.

Unemployment insurance is a program mandated by the federal government for all states, however, that a state is sovereign is why they also run individual programs. But even this does nothing to change the fact all employers pay hefty state UI taxes and a smaller federal UI taxes as well that goes mainly to operational grants to all fifty states.

There is also the little issue of stern federal guidelines to all the multi-state agencies efforts to halt unemployment fraud. For instance, where people collect benefits from one state and don't bother reporting the wages they make while simultaneously working in a different state. Double dipping is not allowed!

My guess is this is primarily why the federal government finally got off their duffs and created a national directory for new hires, which each state is supposed to update with people recently hired. It's amazing what a directory with your SSN can be used to hunt you down for, besides unemployment fraud .. as you can see here. Makes sense to me .. because even I know a deadbeat parent might of quit, or been fired for a reason unemployment law at an appeal might find they do deserve benefits for.

Finally .. Your Issue. It's Voluntarily Quitting Suitable Work



2. Your issue will likely come down to whether you can explain the NY employer told you at time of hire that they didn't follow through on .. that made you accept unsuitable work in NY. Or there might be an argument that when you did resign it was because they were not paying you that living stipend they were paying "some" others. I know what you told me .. and all I could think to ask was .. can he proves this? Or did that they were refusing to pay it to him have something to do with his unions collective bargaining agreement? I don't know .. I'm not a union specialist.

Your issue is on of voluntarily quitting Suitable Work. But it's not NY's interpretation on the matter that should matter because the NY employer is not yet a base period employer .. but they are the last employer and you did resign from that job .. which does matter to California .. because even there, it's not easy to get, or restart benefits after a voluntary quit without good cause.

Yet, I think you are lucky because the California EDD has one of the better interpretive resources and they call it the UIBDG (Unemployment Insurance Benefits Determination Guide. You can find it toward the bottom of the unemployment law link page.

Sorry about the mess there .. I'm workin' on it.

And remember Curtis .. it's sometimes to find a reason to collect benefits after a voluntary quit .. when you can really can prove it was attributable to the work .. or the employer.

Chris

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