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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Can I receive Unemployment Benefits if I return from Deployment

Resolved Question:

Can I receive Unemployment Benefits if I return from Deployment and Relocate to another location within California and thus having to quit my current job in order to relocate?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. When you reference "deployment" am I correct in assuming you mean a military deployment? Are you relocating because the military is requiring you to do so? How much is the military paying you?
Customer: replied 2 years ago.

I'm currently in the California National Guard, I'm on a Stateside Mission with the U.S. Border Patrol in San Diego Ca, I live in Los Angeles and have a Civilian Job there, but I want to stay in San Diego once the Mission is Over. I am not Relocating because of the Military. I just want to live in San Diego and go to College here.

Expert:  Patrick, Esq. replied 2 years ago.
Thank you so much for this clarification.

Unemployment benefits are only available to individuals who are unemployed "through no fault of their own." Typically, individuals who voluntarily move to a new city are not regarded as unemployed through no fault of their own and, thus, are usually not eligible to collect benefits.

Moving to a new city to attend school is not a sufficient justification to overcome the above-stated rule. Specifically, Title 22, Section 1256-5, provides:

(b) . . .Voluntarily leaving the most recent work to enroll in or attend a school or a training course is not a compelling reason to constitute good cause within the meaning of Section 1256 of the code, except as provided. . .

In Perales v. Calif. Dept. of Human Resources, aXXXXXcase, the claimant contended that he left his last employment with good cause in that he quit to attend school in order to improve his chances for future employment. In holding the claimant ineligible for benefits, the court stated:

. . .[W]e cannot say that quitting a job to attend school, no matter how personally commendable the step may be, is an imperative and compelling reason of such magnitude as to render the claimant eligible for unemployment benefits . . . . However great may be society's interest in furthering a working man's education, we find nothing in the Unemployment Insurance Law to sanction this objective . . . . The unemployment insurance system cannot be used to subsidize an employee's education.

I understand that you may be disappointed by the answer I've given you, as it's not what you were hoping to hear.  Had I been able to provide a more favorable answer, it would have been my pleasure to do so. Please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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Patrick, Esq., Lawyer
Satisfied Customers: 7145
Experience: Significant experience in all areas of employment law.
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