Quitting job to move out of state to care for 19 yr. old daughter and first grandchild

by mary

(Arkansas)

I currently live in Arkansas. I have worked at my job for 1.5 yrs(ironically, I fight U.E. for a major retailer). My 19 yr. old daughter is having my first grandchild. I want to be there to help her care for the child(considering my daughter’s young age). Also, I suffer from severe depression, currently I am on meds, but about a month ago I did attempt suicide. I think it would be best for the both of us if I move. Of course, I will ask for a transfer, but the only job available(if at all) will be in a sales position (I currently work at the corporate office, doing administrative type work (title:U.E. rep) and for a Leave of absence(to cover myself). If those options aren’t available to me, will my moving be “reason enough” to get U.E. benefits on the grounds that the transferred job is not in my current job classification or a transfer was not available to me (we are on a hiring pay raise freeze) or that a LOA was not available? I KNOW I must quit “properly” in order to receive U.E. compensation. Do you have any suggestions on the best plan of action to take. I plan to move september 1, 2009.
thank-you for prompt response to my questions.
sincerly,
M.H.

Hi Mary,

How’s fighting unemployment going?

Here’s the Arkansas voluntary quit statute.

I see potential problems for you .. First, quitting to move so you can be near your daughter and new grandchild will not be “good cause”. It may be a personally compelling reason, but it certainly will not qualify as good cause.

Depression is an illness, but you didn’t say whether you have exhausted FMLA or not. Nor did you say that your doctor is recommending you quit your job .. or move. A worker’s illness is always a consideration, but very often there needs to be some connection between the illness and the need to quit the job, such as the employer is unable or refuses to accommodate.

I also have my doubts about the transfer request .. because the reason behind it (your daughter and new grandchild) is a personal choice .. not a necessity, such as might be the case if your daughter was too sick to care for the child and a doctor said someone needed to care for the child, but again .. you wouldn’t be able to collect until you became able and available for work. I not so sure “suitable work” would enter into it if you turned down a sales position .. if your reason for the transfer wasn’t personally compelling enough .. like following a spouse to a new location.

Right now as I see it .. the only thing that MIGHT work is if you get medical documentation stating the job is to stressful or your doctor thinks you should move to be with your daughter, or maybe if you have no FMLA available and the employer fires you for attendance due to illness or refuses a personal LOA for the medical reasons.

Arkansas does include this language in the statute as a reason not to deny:

“Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification”

But of course you would need AR decisions to interpret what that might be .. and I can’t find a decision digest online for AR. They also mention illness, injury, disability, and pregnancy right after that too.

You might notice I reverse engineer .. a lot. I almost always approach things from the perspective of how I think an employer should or would fight something.

The one thing an employer has a hard time fighting is documented health reasons .. especially if the employee doesn’t mess it up for them self somewhere along the way.

So Mary, are you on FMLA?