IfI must relocate for personal reasons, canI claim unemployment benefits?

UPDATED: Jul 15, 2010

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IfI must relocate for personal reasons, canI claim unemployment benefits?

I am currently gainfully employed in NY state, but due to unforeseen complications with me (fiancees pregnancy), I will be moving to WA, instead of her moving here. The company I work for does not have stores anywhere in the Pacific Northwest and I am already looking for a job there but haven’t found one yet. Can I claim unemployment benefits in NY state until I find employment due tothis relocation?

Asked on July 15, 2010 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, unfortunately, you will not be able to claim unemployment compensation. Unemployment insurance is not available when someone voluntarily leaves a job for a personal reason--even a completely understandable and morally valid personal reason. Your leaving is voluntary, based upon your life issues; unemployment is not available when someone leaves voluntarily. It is available for being fired (other than for cause); being laid off; or for cases of "constructive termination" when the job conditions are changed in such as way as to make retaining the job impossible--e.g. when a person is transferred by the employer to a new location that is far farther than the old one and farther than anyone would be expected to travel or commute to work.

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.

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