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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33895
Experience:  Retired (mostly)
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would my husbands PCS orders (from before our marriage) help

Resolved Question:

would my husband's PCS orders (from before our marriage) help me to be eligible for UI in CA if i give notice? if i can show i've made a reasonable attempt to work with my employer through the distance but have been rebuffed, and id be willing but unable to find work near my husbands orders (he is a geo-bachelor), would i have a case?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

California case law precedent unequivocally grants unemployment insurance benefits to a spouse who must resign from work in order to relocate with the other spouse. See Drewa v. Harrison Drugs, No. P-B-334 (CUIAB 1977).

Hope this helps.

Customer: replied 1 year ago.

will the fact that his orders were before our marriage and that i continued employment in CA while he was in TN hurt my case to the UI board?

Expert:  socrateaser replied 1 year ago.
I don't have sufficient facts to analyze this issue.

Please explain (briefly) your circumstances.
Customer: replied 1 year ago.

We were engaged in 2010 when he was given PCS orders from Fort Rucker to Fort Campbell. He was deployed to Afghanistan in 2011 for a year. During that time, i took employment in CA. He is currently located as a 'geo-bachelor' in TN while i am located (civilian) in CA.


 


We were married May 2012, and i have attempted multiple times to approach my employer about working remotely or as a contractor or trying to work anything out that would allow me to keep my employment and still see my husband. currently we only see each other once a month.


 


Since his orders were before we were married, and time has elapsed since our marriage, i'm worried the CA statue could be argued in this situation. I wonder if my attempts with my employer on top of showing that my type of employment (flight test engineering) is not available in the area (even though i am able and willing) would be enough to approach the CA UI with a winning argument to claim UI until i can find something (anything actually. :) in TN.


 


i'm worried that if i take a case to the UI board and they discuss it with my employer, it could burn a bridge...and i don't want to burn a bridge and not win. :)

Expert:  socrateaser replied 1 year ago.
"Geo bachelor" is not a legal term. Using it muddies the issues. You were married in May 2012, you have tried to maintain your employment, but it is destroying your marriage so you are forced to resign so as to join your spouse in TN. Simple as that.

I cannot promise you will win, but there is nothing in the case law precedents that suggests your having stayed behind to try to maintain your employment would change the fundamental fact that it's not working and unless you relocate, you won't have a marriage.

Hope this helps.
Customer: replied 1 year ago.

Do you have any recommendations for what to advertise and what to be discreet about when i file my claim?


 


I'm still currently employed, and will be giving a four week notice shortly. I'm assuming I will have to apply after my employment has been terminated. Are there any items to support my claim that i may want to line up? (meeting times, or conversations with the boss, etc)

Expert:  socrateaser replied 1 year ago.
The only evidence that matters, in my opinion, is that you must join your spouse in Tennessee to save your marriage. California's strong public policy favoring marriage is the reason why you are entitled to benefits.

However, if you can show evidence that you tried to salvage the relationship by offering to work as a remote employee, then that can't hurt your claim. But, in my opinion, it's not really material, because if your circumstances were identical but you did not have to relocate, then your failure to convince your employer to permit remote employment would not help you obtain benefits -- you would be disqualified simply because you voluntarily quit without good cause.

The good cause, under case law precedent, is the need to save your marriage and relocate. That's all that matters.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 33895
Experience: Retired (mostly)
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