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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38442
Experience:  Retired (mostly)
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Im currently in my second year of my 99 weeks in California.

Customer Question

I'm currently in my second year of my 99 weeks in California. I was approved and extended through October 2012. I believe they told me I'm now on the Federal extension funds instead of California state funds.

My question is whether I can transfer my last 9 months of benefits out of California to Colorado? I can't find any work in California and would like to try in CO nearer to my family.

I don't want to call EDD and alert them to my thinking.

Thank you.

Chris
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
California EDD will continue making payments, as long as you satisfy the requirements of eligibility.

The key issue is whether or not you are able and available for full-time work, and not simply on permanent vacation. Unemp. Ins. Code 1253(c). A permanent move does not disqualify you for benefits -- whereas a vacation disqualfies you for benefits while you are not available to seek full-time employment. Also, you must be able to adjust your compensation requrements to the new labor market. You can't turn down work in Colorado because the wage would have been higher had you been offered the same job in California.

You don't have to tell EDD what you're planning, but you do have to tell EDD when you have actually relocated.

Hope this helps.

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Customer: replied 5 years ago.
I'm referring to relocating not vacationing.
I'm reading from you that ---I'm allowed then to move to CO and EDD won't disqualify me for moving.
I know I've had to send in claim forms from Sunnyvale PO ...so I will contact them when moved and simply start sending from the new city PO.

Thx!
Expert:  socrateaser replied 5 years ago.
I'm just explaining that if EDD believes that you have not permanently relocated, it will disqualify you from receiving benefits until you return to California. Furthermore, if you tell EDD that you are living in a locale without any substantial labor market, e.g., in a cabin up in the Rockies, rather than in Denver, Boulder, etc., then that also could disqualify you.

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!


socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
I'll be in the Denver area and near lots off businesses.
How do I prove to them what they need??
Expert:  socrateaser replied 5 years ago.
If you're in Denver, there won't be a problem, because it's a major metro area.

Happy Holidays.

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