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I wanted to know if I have a good case to receive

I wanted to know...

I wanted to know if I have a good case to receive unemployment benefit in the state of California.
I am currently living in California but my Family lives in Washington State. My father had a stroke a little over a year ago and my mother is his provider. Both are in their 70's and she is unable to help with round the clock help for him. If I was to quite my job here in California and moved back to Washington State to help her with his daily needs and also help her keep up with the other house hold maintenance, would I be have a good case to receive unemployment benefits?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I am in California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think my first message sums it up thanks

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Answered in 2 minutes by:
1/13/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good evening,

Here is what the California Department of Employment Development (which would make the determination as to unemployment eligibility) has stated:

Title 22, Section 1256-9 (b) provides:

"A claimant voluntarily leaves work with good cause based on domestic circumstances if the claimant's obligation is of a real, substantial, and compelling nature such as would cause a reasonable person genuinely desirous of retaining employment to take similar action, and the claimant's reason for leaving work is due to a legal or moral obligation . . . ."

Section 1256-9 (c) Comments, addresses factors to be taken into consideration before the leaving may be determined to be with good cause:

"This section . . . requires: (1) the existence of an obligation due to domestic circumstances; and (2) a "compelling reason" for leaving work.

However, while the claimant's particular domestic circumstance is the basis for voluntarily leaving his or her job, the claimant must also demonstrate that his or her decision to leave work was reasonable in view of all the facts. Important considerations are that an obligation exists, that is substantial, that no reasonable alternative exists for meeting that obligation short of leaving work, and that the claimant's actions are in good faith and consistent with a genuine desire of retaining employment."

A quit because of domestic circumstances is usually motivated by the claimant's sense of duty to his or her family. The claimant may be reacting to social, moral, or legal pressures. These pressures frequently become so strong as to be compelling. When they do, they can constitute good cause for quitting employment. However, when the pressures to which the claimant reacts stop short of actual compulsion, or the claimant fails to take advantage of reasonable alternatives, the claimant's motives may be understandable and possibly commendable, but will not constitute good cause.

Additionally, they have held:

A quit to be near, to live with, or to care for aged parents will be without good cause unless the parents are unable to care for themselves and the presence of the claimant is necessary.

In P-B-299, the claimant quit his employment to move to New York to live with his mother, who was ill. A father, sister and another brother were living with his mother and the claimant's presence was not necessary for the mother's care. The claimant later advanced other reasons for the move; a younger brother's anticipated draft into the military and he felt he had better prospects for employment at that time of the year. In denying benefits, the Board stated:

"In the instant case, the claimant was not removing himself from the labor market but was merely transferring from one labor market to another . . . . In our opinion, the claimant did this because of a personal preference to return to his former home . . . . We have previously held that a leaving of work to return to a former residence and labor market is not with good cause . . . ."

I do not believe you are thinking of leaving work out of a desire to move to a different labor market. I do believe your reason is compelling. What you must be able to overcome is showing that not only was there a compelling reason for you to have to voluntarily quit, but that there was no other viable alternative. For example, if you could get a leave of absence to take care of them short term until other arrangements could be made for the care of your parents, or they could get in-home nursing care or move to an assisted living facility (all difficult choices, understandably), EDD could say that you didn't exercise all viable options.

Ultimately, every case is different and examined on its individual merits, so this isn't a yes/no answer. Each situation is unique. If you can show that the only way for them to be cared for is for you to move there and move in with them and become their full-time caregiver, then you would be eligible. The voluntary quit by itself would not make you ineligible.

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Please let me know if there is anything I may clarify for you or there is some additional information you need. Thank you.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
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