Questions of this sort can be the devil to answer.
Title 22 Ca Code Reg. § 1256-9 (b) provides:
- "A claimant voluntarily leaves work with good cause based on domestic circumstances if the claimant's obligation is of a real, substantial, and compelling nature such as would cause a reasonable person genuinely desirous of retaining employment to take similar action, and the claimant's reason for leaving work is due to a legal or moral obligation . . . ."
Subsection (c) Comments, addresses factors to be taken into consideration before the leaving may be determined to be with good cause:
- "This section . . . requires: (1) the existence of an obligation due to domestic circumstances; and (2) a "compelling reason" for leaving work.
- However, while the claimant's particular domestic circumstance is the basis for voluntarily leaving his or her job, the claimant must also demonstrate that his or her decision to leave work was reasonable in view of all the facts. Important considerations are (1) that an obligation exists, (2) that is substantial, that (3) no reasonable alternative exists for meeting that obligation short of leaving work, and that (4) the claimant's actions are in good faith and consistent with a genuine desire of retaining employment."
The above-bolded factors are critical to obtaining UI benefits. Cal Unemployment Insurance Appeals Board (CUIAB) precedent decision P-B-299
, states, "A quit to be near, to live with, or to care for aged parents will be without good cause unless (1) the parents are unable to care for themselves
and (2) the presence of the claimant is necessary
The point here is that unless you can demonstrate the last two factors stated above, then you will be denied benefits. And, if the prior four factors suggest that your claims about the last two factors may be a subterfuge, then you still may be denied UI benefits.
So, if you go your present route, you need to have all
of your facts and evidence in place, or you have a strong risk of being denied UI benefits. This is especially true, as your employer appears to be trying to retain your services -- it simply doesn't want to pay for you to live far from the home office. There is no unlawful discriminatory motive here. Were you temporarily relocating to care for a seriously ill family member, you could assert your right to California and Federal leave benefits -- and it appears that the employer is trying to recognize those rights, despite knowing that you are permanently relocating.
All of this combines to give the employer a pretty good case against your assertion of "good cause" to voluntarily resign.
BotXXXXX XXXXXne, I see this as a 50/50 bar. Your claim could go either way, and once it goes against you, it may be difficult to referse on appeal -- especially if you are busy caring for an ill parent.
Hope this helps.
NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.
And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!