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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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i am retired and have a house in arizona. my wife lives and

Customer Question

i am retired and have a house in arizona. my wife lives and works in california. can she quit her job and collect unemployment if she moves to arizona to be with me?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

If your spouse exhausts other options, such as requesting a transfer from the employer to an office in AZ, or requests to work from home if feasible, she would normally be eligible for benefits if she quits to live with her spouse in another state, assuming the commute distance is not reasonable.

Here is a link that sets out examples of cases that are declined and approved by the commission:

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Customer: replied 4 years ago.
Thanks for the quick response. The commute distance would be 7 hours each way which of course is not reasonable. Her company does not have an Arizona office so a transfer is not possible. Her job duties require her to be in the office so that is not possible either. Does she need to have a request for transfer and work from home denial in writing from her employer? Also, does she apply for unemployment compensation from Arizona or California?
Expert:  Tina replied 4 years ago.
Hello again,

She should normally request an accommodation from her employer that is denied in order to have the best chance for being approved for benefits.

She would apply in the state where she has been working (CA).

All the best to you both!

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