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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7109
Experience:  Significant experience in all areas of employment law.
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Will I get unemployment if I quit my job because I had to move? If so how far did I have t

Resolved Question:

Will I get unemployment if I quit my job because I had to move? If so how far did I have to move to qualify?
I'm in California. (moving within California)
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My goal is to answer your question completely and thoroughly and to provide excellent service.

It depends on the reason why you are moving.

In order to be eligible for unemployment benefits, one must generally be unemployed "through no fault of their own." When an individual voluntarily quits, as would typically be the case if they are moving, the EDD will regard them as unemployed "through fault," since they made the conscious and voluntary decision to become unemployed, unless they can demonstrate good cause for leaving.

The EDD has specifically addressed the circumstances in which a claimant can move away from their job and remain eligible for unemployment benefits, stating in relevant part as follows:

"Where the claimant moves from the locality and commuting would not be practical, good cause will depend upon the claimant's reasons for moving. If the claimant had real, substantial and compelling reasons for moving, good cause for quitting could be established, provided a transfer to the new locality was not available."

The EDD goes on to state:

"There are numerous reasons why a claimant may be required to change his or her residence; for instance, the claimant may have been evicted, the rent may have been increased beyond the claimant's means, the claimant may have lost a roommate, or the cost of housing may have become excessive because the claimant's hours at work were reduced. The facts must show that the claimant made reasonable efforts to secure other housing in the area before good cause can be established for leaving the locality. Reasonable efforts may include, but not be limited to, checking local newspapers for rental listings or apartment sharing, checking with rental agencies or property management firms, and checking with friends, relatives, and other employees at work. In other words, all of the things a reasonable person genuinely desirous of retaining their employment might do."

See here for even more information: http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_150.htm

So to summarize, an individual who quits their job because they move will remain eligible to collect UE benefits if they can demonstrate that they had "real, substantial and compelling" reasons to move, and that a person genuinely desirous of retaining their employment could not have remained employed under the circumstances. If you can demonstrate this to the EDD's satisfaction, then you will remain eligible for benefits.

Provided that you do not make any false representations to the EDD in your application, there is no penalty for applying for benefits and being rejected, so the worst that can happen is that you are denied benefits. For information on how to file a claim for unemployment benefits with the EDD, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7109
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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