What are my rights to unemployment benefits if i quit my job to relocate with my spouse?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights to unemployment benefits if i quit my job to relocate with my spouse?

I quit my job to relocate with my husband to another state. I was denied because I didn’t t have a new job before I resigned my position.

Asked on September 29, 2010 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately, if you quit or resign your job voluntarily--even for a very good reason that almost anyone would understand, such as to relocate with your spouse (or to pursue an education or vocational training; or to take care of a sick family member; etc.)--you are not entitled to unemployment benefits. Unemployment benefits are only for those involuntarily separated, such as due to a restructuring, layoff, downsizing, etc. People who voluntarily separate from their jobs do not get unemployment compensation, and again the reason for the involuntary separation does not matter. So unfortunately, if you indeed quit your job to relocate with your spouse, you will not have any right to any unemployment benefits whatsoever.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The State that you list here is Virginia which is what I am going to assume is the state ot origination, or in other words, the state in which you quit your job before you moved.  That is the state law that matters.  Unfortunately Virginia law states that a party that voluntarily leaves their job to relocate with a new spouse is disqualified from unemployment benefits.  Many states have enacted laws to the contrary and especially for those in the military.  Virginia is not one of them.  I do not know what the portion of your question about a new job before you resigned has to do with the matter.  It is either "yes" or "no" and here it is "no." 


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