Can I collect unemployment after my husband’s company relocates if I currently work for a small company?

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Can I collect unemployment after my husband’s company relocates if I currently work for a small company?

My husband’s company is relocating and I plan to collect unemployment under the “trailing spouse” act after we move. I currently work for a small, 8 employee company. Is my employer exempt from providing my unemployment because it is a small business?

Asked on February 4, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a state with a "trailing spouse" act--not all states have them--then you should be able to collect unemployment. The size of the employer does not matter--as long as you were an employee (not an independent contractor), you should be able to collect unemployment. (The size of the employer matters for certain other laws, like the Family and Medical Leave Act.)


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