If my job is moving over an hour away and I will not be able to afford the commute, will I qualify for unemployment?

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If my job is moving over an hour away and I will not be able to afford the commute, will I qualify for unemployment?

Asked on October 1, 2012 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

While it would be worthwhile for you to apply for unemployment compensation if you leave employment, there is a good chance you will not be granted it. That's because in deciding whether or not an employee was constructively (or effectively) terminated by the relocation of his or her job, the law does not look to whether or not it is burdensome for this specific employee. Rather the law looks to whether the average reasonable employee would consider an hour to be a commutable distance. Since most people would (for example, where I live, commutes of 3/4 hour to 1 1/2 hours are the norm), it is therefore likely that you would be denied unemployment compensation.


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