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Last August I was facing foreclosure on my home in South Carolina. I

 
Dimitry Esquire's Avatar
  • Answered by:Dimitry Esquire
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Customer Question

Last August I was facing foreclosure on my home in South Carolina.
I was able to sell it and move in with my girlfriend in Colorado.
I volentarily left my job in SC so I have been denied unemployment
compensation. I'm actively looking for work with no results yet.
I've requested an appeal date and would like some coaching on how to handle it.

 

Optional Information:
State/Country relating to question: South Carolina

Already Tried:
Requested appeal.They will contact me within two weeks. I will be talking to an unemploment customer service rep here in Colorado on Monday the 14th

Submitted: 373 days and 12 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  Dimitry Esquire replied373 days and 12 hours ago.

Thank you for your question.

I will be happy to try to help you if I can. I assume that you were denied benefits since you voluntarily quit your employment, and the employer contested your claim, correct?

Customer replied373 days and 12 hours ago.

According to SC code section 41-35-120 (1)

Not sure if my employer contested ? Is that what usually happens?

Accepted Answer

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Expert:  Dimitry Esquire replied373 days and 12 hours ago.

Thank you for your follow-up.

It is almost certain the employer contested. If he did not, you would have obtained the benefits but because the employer has to pay part of the benefits, and the state the other part of the benefits, this is likely what took place. This is the code below:

SECTION 41-35-120. Disqualification for benefits.

An insured worker is ineligible for benefits for:

(1) Leaving work voluntarily. If the department finds he left voluntarily, without good cause, his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request and continuing until he has secured employment and shows to the satisfaction of the department that he has performed services in employment as defined by Chapters 27 through 41 of this title and earned wages for those services equal to at least eight times the weekly benefit amount of his claim.
...

As you can see, the best and likely only defense is to claim "good cause". South Carolina does not permit a "relocation" exclusion as good cause, and that is something almost no state permits. Therefore unless you claim hostile work environment as the reason for leaving, I would see this as a valid termination of your benefits. I am sorry.

Good luck.Dimitry Esquire41041.8666387384

Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 95.0 %
Accepts: 1681
Answered: 5/12/2012

Experience: I provide employment and discrimination law advice in my own practice.

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