will i qualify for unemployment if i relocated, but requested a transfer? - Georgia

by latoya
(atlanta, ga)

I worked at wal-mart for 6 years. I relocated to another city which is almost 4 hours away. I tried to transfer, the other store asked to have all my information faxed over. Then to find out that she said they had a freeze on hiring so i had to go back and get my separation papers. I had took a leave of absence for 2 weeks but I was going to have to extend the leave which would take a few days to approve. But there was still no guarantee that i would get transferred b/c while on leave you're not showing active in the system. what can i do? i redid an application for various wal-marts in my area.



Hi Latoya,

I need to ask some questions. Did you quit instead of extending your leave?

Why did you have to move?

I had thought up until you said "i had to go back and get my separation papers" there might be a chance that you could shift the burden to the employer, but if they would of extended the leave....it's doubtful now.

I cannot find a Georgia decision digest, but in many states if a person needs to relocate for personal reason, (which is disqualifying in the majority of states) but they first make attempts to preserve the employment by requesting a transfer they can improve any argument that the quit was attributable to the employment.

There would be factors that the state would need to look at such as if the employer had a place of business in the locality a person is moving to. This argument does not guarantee receipt of benefits, but at least it has some legs...albeit short ones. It can shift the burden back to the employer who would need to show why they couldn't comply. If you work for a big retail outlet...like you did, and your reason for moving was compelling enough, it just may work.

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Oct 27, 2015
i asked for a transfer and they said i wouldnt have a problem, now that im out of state they couldnt transfer me, edd denied my unemployment
by: Anonymous

I worked for target for 3 years. I have been going thru domestic violence problems with my ex. I asked to be transferred for personal reasons and my manager said they wouldnt have any problems transferring me. Three targets denied my transfer and its like they didnt put in a good word. Now im out of work so i applied for unemployment. They denied saying i quit to move. I want to appeal but i feel i dont have any supporting documents on the d.v. case because i dont have a restraining order and i dont have in writing what the manager stated to me. Im willing to work and submitted applications to targets out here and no luck. I didnt think i had to tell the job about d.v. because its embarrassing. Thanks for your help.

Oct 27, 2015
Escaping domestic violence can be good cause to quit in a number of states.
by: Chris - Unemployment-Tips.com

Did you mention domestic violence to the EDD interviewer you had tried to transfer due to circumstances involving domestic violence? You could subpoena your transfer requests from Target, or use your right to obtain your personnel file .. since California has a law regarding that.

Did the EDD interviewer ask for supporting docs? Or, are you telling me you do not have any police reports, or restraining order, or documentation from possibly an emergency room visit detailing an injury?

Regardless, I think you should appeal, but you should also consider whether you have anything at your disposal to add credibility to your reason for quitting. A witness maybe who can at least corroborate your story?

But I want you to know I wholly understand why you wouldn't want to share your abuse story with Target and whatever the outcome on the benefit front, you did the right thing because no woman should have to put up with physical abuse, or feel there is something to be embarassed about when she decides enough is enough.

For those wondering what domestic abuse has to do with unemployment benefits when you quit; it depends first on whether an unemployment law has a special provision that allows for good cause to be found and if you're clear headed enough to "plan in advance" to prove you're telling the truth by acquiring documents .. such as police reports and restraining orders .. after you make your escape.

I would argue until the cows come home a woman shouldn't also have to prove she requested a transfer .. as that might open her up to an abuser who is also a stalker.

Check this page at the California UIBDG to learn about quitting due to domestic violence.

For those trying to escape domestic violence in other states, look at the non-monetary chart to find if domestic violence is something that may allow for good cause .. as it can vary from state to state.

This is what the CA UIBDG has to say about quitting due to it.

"Usually a separation or a divorce can be accomplished without leaving the job. Under some circumstances, however, there is no alternative to leaving the job. This situation may arise, for instance, when the spouse is threatening bodily harm against the claimant and the claimant has reasonable fears for his or her safety and that of any children, or the spouse has actually inflicted bodily harm in the past and, despite any restraining order, there is an indication that the spouse will do so again; or when the stress of the situation results in a physical illness and the claimant is unable to continue on the job. In the foregoing situations, the conditions are virtually so extreme as to make the leaving of work inevitable. When the interviewer determines that the claimant had no real alternatives, the situation must be documented and supporting evidence, such as medical statements or a copy of the restraining order, attached if available."

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