Unemployment benefits when moving out of state
1. During the Move
For issues related to the period of time involved in a claimant's relocation from one area to another, it is necessary to examine the reason for the move in order to establish whether good cause exists for the period of unavailability.
If good cause is established for the move, determine whether the claimant remained available to a substantial field of employment on the remaining workdays of the week. If so, the claimant would be eligible under Section 1253(c). Examples of good cause for a move to another locality include:
- Relocation to marry or accompany one's spouse who resides in another community or who is moving to the new locality.
- Moving to be near an ailing relative who needs care and there is no alternative means of providing the care.
- Relocation to a new area when required by the health of the claimant or a member of the family.
Would I be eligible under those conditions?
Or would it be more similar to these conditions?
New Labor Market Conditions
Moving from one locality to another does not in itself raise an availability issue. However, if the claimant moves from an area of substantial demand for his or her services to an area of limited or negligible demand, an examination of the claimant's attachment to the labor market may be required.
A claimant who moves from one labor market area to another must be willing to adjust his or her job demands to the working standards in the new community. This includes wages, hours, working conditions, union considerations, transportation, commute patterns, etc. There nearly always is some variation in one or more of these factors from those in the community which the claimant left.
The Appeals Board has consistently found claimants eligible when they have moved from a large labor market area to a smaller area when (1) the reason for the claimant's move was compelling and (2) the claimant remained available to a substantial field of employment.
P-B-177 is an example where the claimant moved
to a small community and was considered available because she was willing to adjust her job requirements to the conditions of the new labor market. In this case the claimant, an experienced aircraft worker, relocated to Bend, Oregon, where her husband had obtained employment. The claimant was willing to accept any type of work that she could perform and at the prevailing rate in the new community. She registered for work as a salesclerk and sought work in sales and as a motel cleaner; both jobs existed in the new locality. The claimant had good cause to relocate to Bend and remained available to a substantial field of employment, even though aircraft assembly, her primary occupation, did not exist in the area. The Board held the claimant was available for work.
Again, in P-B-179, the Board considered the availability of a claimant who had moved to a small community. In this case, the claimant had worked as a salesclerk in Sacramento, before moving to Susanville due to her husband's health. Since much of the claimant's life had been spent in the Susanville area, she had previously worked there as a salesclerk and had operated a grocery store there for several years. Following her return to Susanville the claimant had applied at several retail stores and was promised employment by one upon completion of a move to new quarters. The Board stated:
"When the move to a smaller community leaves the claimant in a labor market where there is a reasonable potential demand for his services, such move cannot be said to have taken the claimant out of the labor market. The claimant's move was to an area where there were many retail establishments. Her experience and qualifications plus the fact that she had work in the area for many years. indicate clearly that she remained in the labor market.
Sorry for the lengthy post! I just cannot get through to the EDD and its been almost 2 weeks since I changed my address on my continued claim form and i just need to know if I am still eligible for benefits!!Source: community.lawyers.com