How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37702
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

would my husbands PCS orders (from before our marriage) help

This answer was rated:

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?

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 3 years 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?

I don't have sufficient facts to analyze this issue.

Please explain (briefly) your circumstances.
Customer: replied 3 years 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. :)

"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 3 years 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)

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: 37702
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

Related California Employment Law Questions