Can I Draw Unemployment if I Quit My Job to Move Because My Husband Was Transferred?

State laws establish the eligibility of unemployed applicants to receive unemployment insurance benefits. As part of the Unemployment Insurance program administered by the U.S. Department of Labor pursuant to the Social Security Act of 1935, each state has the legal discretion to enact its own laws regarding unemployment benefits eligibility. If you quit your job to move with your husband, who was transferred to work in another state, you may not be eligible to receive or draw unemployment benefits from your new state's unemployment agency.

Federal Law

If you relocate after becoming eligible for unemployment insurance benefits, you may be eligible to continue receiving unemployment insurance benefits pursuant to the federal Interstate Benefit Payment Plan. According to the U.S. Department of Labor, claimants who were eligible to receive unemployment insurance benefits may continue receiving their benefits in other states if they move to look for other work and register for work in their new states. However, if you relocate before qualifying for unemployment insurance benefits, you are subject to your new state's individual law regarding unemployment benefits and workers who voluntarily terminate employment to relocate.

State Examples

State unemployment insurance laws vary, but in most states applicants are ineligible to receive unemployment insurance benefits if they voluntarily terminate employment without cause or were terminated from employment for misconduct. However, in California, the California Employment Development Department's guidelines allow applicants to qualify for unemployment insurance benefits if they terminated employment for good cause. According to the department, good cause reasons for terminating employment include decisions to relocate to follow your spouse -- in limited circumstances. Under California law, if you followed your spouse to preserve your marriage and avoid divorce, you may have a good cause reason to terminate employment for relocation. Similarly, in some states, including Washington, you can terminate employment to follow a military spouse.

Military Relocations

As reported by the National Conference of State Legislatures, in an effort to help military spouses, many states have passed state laws allowing military spouses to receive unemployment insurance benefits if they terminated employment for military spousal transfers or deployment. In these states, military spouses who terminate employment because of a military transfer are deemed to have involuntarily terminated employment. Thus, in these states, spousal transfers pursuant to military orders are good cause reasons to terminate employment.

Exceptions

Generally, to receive unemployment insurance benefits, you must be unemployed due to a lack of available work or you must have voluntarily terminated employment for good cause. Good cause reasons for voluntarily quitting include illegal or discriminatory treatment by your employer. Your state may also allow you to terminate employment if you were unable to work due to health reasons. However, if you terminate employment because of a temporary disability, you may not be able to receive unemployment insurance benefits until you fully recover. Your state probably will require you to certify that you are able to work and are looking for work while receiving unemployment benefits.

Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.

References

• Washington State Employment Security Department: FAQs About Unemployment Benefits
• California Employment Development Department: Elements of a Voluntary Quit
• California Employment Development Department: Voluntary Quit and Domestic Circumstances
• National Conference of State Legislatures: Unemployment Compensation for Military Spouses

Resources

• U.S. Department of Labor: Interstate Benefit Payment Plan