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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I have been "bumped" from my job and my employer has offered

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I have been "bumped" from my job and my employer has offered the same job but in a different state. My state is California, my employer stated to me if I decline relocation, then I am voluntarily resigning. I have less than 30 days to decide and move. Question, will California give me unemployment benefits if I decline out of state relocation?
Yes, California will likely give you unemployment benefits if you decline out of state relocation. In California, you can receive unemployment if you loose your job through no fault of your own. Accordingly, as long as your original contract did not require you to change locations or travel to different locations regularly, you are allowed to quit a job under what is known as constructive termination and still receive unemployment. The standard is that anyone in your position would have quit. It has been regularly been held that moving your job location more than one hour away has been deemed to be constructive termination.

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Customer: replied 4 years ago.

Thank you very much, just one more question please...I have been given a document asking me to check a says yes relocate me, the other says decline, I voluntarily resign. If I check decline, can the company then contest unemployment benefits? Will California side with my employer? I am thinking about sending a separate written response declining the relocation, and stating that I am 'not' voluntarily resigning instead of returning their document with the check boxes.

The company will likely contest unemployment benefits no matter what you do. That being said, by checking no, you give them more ammunition to attempt to succeed. Your response in sending a separate written response is definitely the best way to protect yourself.
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