Am I eligible for unemployment if I quit because my employer moves over 100 miles away?
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Am I eligible for unemployment if I quit because my employer moves over 100 miles away?
I’ve been working a job for 9 months. It started out 70 miles away but has now moved 117 miles away. The commute is too far for me to drive everyday. Takes me 2 hours to get to work and 2 hours to get home. My employer has agreed with me and said the jobs are too far away and it’s best if I quit.
Asked on June 20, 2011 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are probably eligible for unemployment. When a job moves too far away for a reasonable communte, that often qualifies as "constructive termination"--i.e. you were "effectively" fired, since it became impossible for you to do the job. Moving an extra 47 miles away, to a total of 117 miles, may well qualify. You should first contact the unemployment office and/or labor department--ask them the question about your situation. They may not be able to give you a definitive answer you can absolutely rely on (since generally, they don't give definitive answers until/unless the person actually applies for unemployment), but they can give you guidance and an expectation about whether you would be considered to have been constructively terminated and are eligible for unemployment.
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