Quit Job In California

by Michelle
(California to Florida)

Does California have a provision that allows unemployment benefits if you quit your job to follow a spouse? My husband decided to take a better job offered in the state of Florida and I had to give 2 week notice, I just had a phone interview with EDD and the interviewer told me that it sounds like your husband's making more money, I didn't comment and she moved on to ask the name of the people that I gave notice to, now I am wondering if I will qualify for unemployment benefits or not? I had no choice but to quit and follow my husband, he is making a little more money, but I need work and have been looking - nothing much, but I won't give up looking. I was hoping to receive unemployment benefits until I can obtain employment. Please advise? Thank you.



Hi Michelle,

This is the part of the provisions under 1256 in the California code which would allow for unemployment in your case:

An individual may be deemed to have left his or her most recent work with good cause if he or she leaves employment to accompany his or her spouse or domestic partner to a place from which
it is impractical to commute to the employment. For purposes of this section "spouse" includes a person to whom marriage is imminent.
An individual may be deemed to have left his or her most recent work with good cause if
he or she leaves employment to protect his or her children, or himself or herself, from domestic violence abuse.
An individual shall be deemed to have left his or her most recent work with good cause if he or she elects to be laid off in place of an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with more seniority may elect to be laid off in place of an employee with less seniority when the employer has decided to lay off employees.

Your concerns though are best addressed by the California Eligibility Guide (link to the guide found on this page). under "voluntary quit".

I think when the adjudicator made the comment about "making more money" she was just trying to confirm there was an actual reason for the move. Some people just like to move...

If I were you, I'd be more concerned if there was a possibility you could have asked to be transferred to Florida in lieu of quitting, because California does look to see if all reasonable alternatives have been explored by "a person genuinely desirous of working" prior to quitting. It's just an element of establishing good cause.

Obviously, Florida is too far to commute to work now...and unless your former employer tells the state they had continuing work for you in your new locality....I think you're worrying for no reason.

Good luck finding a job in Florida :-)

Chris


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Feb 19, 2009
Thank you!
by: Michelle

Chris, This web site is wonderful. The laws are so hard to understand even though I read through them 4-5 times. You have a logical and intelligent approach in the way you explain the law so the average person can understand it. I did explain to the EDD interviewer how I received a letter of recommendation in parting from my prior company and also contacted them last week seeing if they had anything open in one of their divisions over in Florida, the employer told me they actually had to close down two places, so there was nothing available.
Hopefully I will get the Unemployment benefits to help me out until I find employment. Thanks you again for the confirmation!

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