Can I receive unemployment benefits if I have to re-locate because my husband was transferred?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I receive unemployment benefits if I have to re-locate because my husband was transferred?

My husband and I worked in KS and he put in for a job transfer to MN. I have been unable to find a job in MN. He is the “breadwinner” of the family.

Asked on August 18, 2011 Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The fact is that unemployment benefits differ greatly from state-to-state. Many states have what is known as a “trailing spouse” provision contained in their unemployment laws. This provision allows a person who has had to quit their job in order to relocate with their spouse to collect unemployment benefits at their new homes. This is done in the interest of keeping the family together. My research suggests that both KS and MN are such states. At this point you should contact MN's Department of labor for details.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately no, you cannot get unemployment benefits when you transfer to follow a spouse. Unemployment compensation is not available for "voluntary" separations from employment, and for this purpose, leaving a job is "voluntary" if it's your choice to do so--even if you had very good reasons, like a family relocation. Only if the separation from employment was occasioned by something the employer did--e.g. they fired or laid you off; they transfered you to a different location, too far away to work at without having to uproot your family; etc.--can you get unemployment compensation. Your own decision to relocate for your husband's job, however, is not something your employer did, so you can't collect unemployment insurance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption