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[quote=Chyvan;42476525]Doesn't matter. It's permissible under CA's rules. Apparently the legislature and governor that approved the legislation thought it was ok. If you don't like it, take it up with them and leave her alone.
You don't. It's a cost of doing business to the employer that employed her. Blame the employer for not doing what they could have to avoid the claim, and not her.[/QUOTE]
Yes, I most certainly do.
Her employer? She decided to marry a guy who lived far away from where she lived and worked, congrats, that's on her. Her employer's decision was working remotely wasn't an option they were willing to pursue.
Deal with it. UE benefits aren't there for people who just decide to quit and move away for love. The OP said it was 6 years, well in that time she should have looking for work in Palm Springs.
It was her choice to quit and relocate. She needs to come to terms with that, not expect the CA taxpayer to pay for it.
Your opinion as to what she should have done means nothing. If you don't like the rules, work to get them changed. No one is going to not file, just because you say so.
Your opinion as to what she should have done means nothing. If you don't like the rules, work to get them changed. No one is going to not file, just because you say so.
She can file, she isn't going to get UE benefits.
Domestic Circumstances don't apply in her situation.
She wasn't married to the guy when she decided to leave her job. That only applies to people who are already married and their spouse's job is taking them elsewhere.
That's not her scenario. Not at all.
She decided to follow a long distance boyfriend, that's her choice, but it doesn't qualify her for UE benefits as they weren't married.
UE benefits are not designed so that anyone on a whim decides to quit their job and move. If that was the case than someone in TX could say I feel like living in CA, I will just quit my job and let the state of TX support me. Or vise versa.
She chose to follow her heart, good for her, but don't expect the state of CA to support you.
"(1) The claimant's prospective marriage is imminent and involves a relocation to another area because the claimant's future spouse has established. . . ."
Quote:
Originally Posted by hootusmereford78
My last day at the job was 1 week before the wedding date.
She did everything she was supposed to do to have that precedent applied to her adjudication.
Quote:
Originally Posted by seain dublin
I will just quit my job and let the state of TX support me.
You're right. This won't work in TX because TX doesn't have this provision, but CA does. If the claimant wants to move from CA to TX and quit a job, it would be permissible so long as the rules are followed.
I received today the appeal documents and notice of hearing. The hearing is scheduled for Tuesday, Jan. 26 at 9:00 am. The notice says I am to appear by phone.
In reviewing the documentation that came with it, the interviewer stated under "potentially disqualifying facts: to relocate". Elsewhere in the document they say "moved from San Jose to Palm Springs for personal reason" and "just wanted to move/personal choice to move". No where in the document does it say anything about relocation in order to be with/join spouse.
It also states on the form that they attempted to contact an HR rep in the company & left a message, but that the company did not return the call by the requested date/time.
I am thinking my appeal should be based solely on the "relocation to be with spouse" and not pursue any mention of the remote working refusal. I appreciate any help you can provide.
If your letter of resignation or any requests to telecommute specifically mentions the impending marriage, submit it. It proves the reason you left at the time you left as opposed to a generic resignation like "my life was going in a different direction and I'm sorry I have to quit." Don't submit that.
You must prove that you moved. Use a piece of mail with your new address on it preferably with the yellow sticker showing that you placed a forwarding order in with the post office.
Submit a maps.google.com print out with your new address and your work location showing what the new commute would be in time and distance. Actually submit two, one with an arrival time for the start of work and a departure time so that you have proof of what the true commute time and distance in rushhour traffic is.
Submit your marriage license proving that you were married in a reasonable amount of time from when you quit, and testify to it so that it's on the record.
The remote is important because it proves that you tried to retain your employment and your employer revoking it shows that it was now no longer in your control. If you have this in an email, submit it.
Doesn't matter that your employer didn't respond, it's not their burden of proof to show why you quit. It's YOURS. Everything must be on the record. Don't rely on your say so when you have paper to prove the point you are trying to make. You won't get another chance.
Okay. I really do not have much paperwork, if any at all. I did not submit a letter of resignation, I spoke with my supervisor directly in a conference room giving my notice & asking if remote working was an option. I do not have any emails or anything in writing that states my request to work remote or his refusal. We do not have an official marriage license after the fact, because the official one is sent to the county. I could request one from the county, but probably would not get it in time, as county offices operate slowly. Would a save-the-date card, wedding invitation &/or photos help at all? I did have a forwarding order with the postal service, but don't believe I kept any envelopes with the yellow sticker. I will look for one.
So all this paperwork must be gathered & submitted by the deadline shown on the appeal of 1/20/16?
Okay. I really do not have much paperwork, if any at all. I did not submit a letter of resignation, I spoke with my supervisor directly in a conference room giving my notice & asking if remote working was an option. I do not have any emails or anything in writing that states my request to work remote or his refusal.
Not the end of the world. If your employer is a no-show, you'll have your uncontested testimony which is almost as good so long as you don't get caught in a single lie.
Quote:
Originally Posted by hootusmereford78
We do not have an official marriage license after the fact, because the official one is sent to the county. I could request one from the county, but probably would not get it in time, as county offices operate slowly. Would a save-the-date card, wedding invitation &/or photos help at all?
Some of that's good, but didn't you get a new social security card with your new name or driver's license?
Quote:
Originally Posted by hootusmereford78
So all this paperwork must be gathered & submitted by the deadline shown on the appeal of 1/20/16?
Yes. Don't for one second think you can go into a hearing and say you quit to get married and think you'll be believed. The ALJ gets to decide if you are telling the truth, and they can say, "the claimant says that she quit to get married, tried to preserve her employment, the commute was too far, and I just don't find it credible because she didn't submit one piece of paper to support any of it."
It may be all true what you say, but take this very seriously. You were already denied once and you say you told all this stuff to the UI worker, and look what happened. The difference is that the UI worker doesn't want to waste the time for you to submit paperwork. This time, you get to do everything right, and the judge will listen, but have it together.
Quote:
Originally Posted by hootusmereford78
I did have a forwarding order with the postal service, but don't believe I kept any envelopes with the yellow sticker. I will look for one.
What about a receipt from U-Haul or the like?
Also, if your husband is available, use him as a witness. He can testify as to how long he's lived there and worked there.
When you do the phone hearing, use the home phone especially if it's in a different area code. You can testify on the record, "you are calling me in area code ### exchange ### which is in Somecity, USA."
Okay. I really do not have much paperwork, if any at all. I did not submit a letter of resignation, I spoke with my supervisor directly in a conference room giving my notice & asking if remote working was an option. I do not have any emails or anything in writing that states my request to work remote or his refusal. We do not have an official marriage license after the fact, because the official one is sent to the county. I could request one from the county, but probably would not get it in time, as county offices operate slowly. Would a save-the-date card, wedding invitation &/or photos help at all? I did have a forwarding order with the postal service, but don't believe I kept any envelopes with the yellow sticker. I will look for one.
Fortunately, this is California - probably the most claimant-friendly state in the Union.
Provide what documentation you can - wedding invitation/photo, etc. to prove the marriage, any paperwork with new address. I've read it can take months to get written documentation of marriage certificate/license in CA. If ALJ states CA is now requiring official documentation, you will need to request a postponement and another date for the hearing - which means a many months' wait - unless you can physically visit an official office to get this document.
CA will not be that draconian.
On request to work remotely - CA will make a subjective decision on that depending on how credible you are. Many verbal conversations take place between employer without written documentation. This isn't a first, either.
CA ALJ's hear these cases every day. They certainly know lives change, etc. I've not read yet on this board where CA requires you to jump through tons of paperwork hoops to satisfy the trailing spouse qualifier. We had a situation a while back where wife moved to be w/husband in NJ b/c only doctors who could treat his medical condition were in NJ. She received benefits without a whole lot of trouble.
Do the best you can at the hearing. I think you'll be fine.
Just know that even after benefits are granted, employer may contest b/c it will not understand the paperwork. Essentially, b/c trailing spouse is a mandated benefit not in the control of the employer, CA pays this benefit from its own funds, with no hit to the employer's account. But, many employers do not know that and file an appeal. Don't get upset if you are notified of yet another hearing. That hearing is essentially between the State of CA and the employer regarding who is paying for this and doesn't concern you.
Monday is a holiday for the county, so I have prepared the paperwork in advance to go on Tuesday to pay for & get a certified copy of the marriage license. I could also have my husband testify, but he usually works that morning. He is willing to see if he can switch shifts. I also have an extra save-the-date card & wedding invitation to include.
Should I send the documentation by FedEx to ensure it arrives on time?
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