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Moving To A different State for joint Custody

Discussion in 'Unemployment Insurance & Benefits' started by Miller M2, Nov 6, 2022.

  1. Miller M2

    Miller M2 Law Topic Starter Member

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    Jurisdiction:
    California
    Hello everyone in less than 3 weeks I have to move to Arizona due that I am getting joint custody of my two kids (50/50)… I am currently employed and I have been applying online for a job to where I’ll be moving to…but so far is nothing concrete/ solid yet.. I have applied to several businesses and had a few online interviews. Am I eligible for unemployment if I move and with no job secure still? Most of my interviews that I had been attending I was told that once I relocate I can set up a second interview and so on. At my current place of employment I told them weeks ago that before thanksgiving I am moving to Arizona… So in other words I already give them more than 2 weeks notice verbally.

    thanks In advance!
     
  2. justblue

    justblue Well-Known Member

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    @cbg
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I don't think anybody here can predict yes or no because qualifying for unemployment involves so many variables.

    I read the following information from CA's EDD regarding quitting for domestic circumstances and have no idea if any of that applies to you.

    Voluntary Quit VQ 155 (ca.gov)

    I have no idea if AZ unemployment would even apply.

    Separation from Last Employer | Arizona Department of Economic Security (az.gov)

    You have nothing to lose by applying but my gut says have enough money to support yourself in AZ for 6 months.
     
  4. cbg

    cbg Super Moderator

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    You would apply in CA since you have no work quarters in AZ. If AZ needs to be involved, CA will tell you.

    I believe, but am not 100% certain, that CA is one of the few states that will allow benefits for a "trailing spouse"; i.e. spouse was transferred beyond commuting distance and claimant has no choice but to follow. Whether that regulation, assuming I am right that it exists, can be applied to your situation I don't know.

    In any case you have nothing to lose by applying. The worst that can happen is that you are declined, in which case you are no worse off than if you never applied in the first place. It costs nothing to apply and there is no penalty for applying when you do not qualify. If you do apply you may or may not get benefits; if you don't apply you definitely won't.
     
    Miller M2 and hrforme like this.
  5. Miller M2

    Miller M2 Law Topic Starter Member

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    I will be contacting Them over the phone and explain my situation. Thanks everyone!
     
  6. Zigner

    Zigner Well-Known Member

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    No, you apply online.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Agree. Phone calls are futile. You'll see.

    Apply online immediately after you terminate.
     
    Miller M2 likes this.
  8. Miller M2

    Miller M2 Law Topic Starter Member

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    Well you were right. I tried to call with no luck, all I got was a recording saying high volume of callers right now lol over and over ..But here is a twist for my story..I just decided to quit today…I was going to wait until the next weekend but some bs just happened that I couldn’t take it anymore and since I’m leaving anyways… so here I am with an update lol
     
  9. Miller M2

    Miller M2 Law Topic Starter Member

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    I believe they tried to throw something on me (maybe they knew I was going for unemployment or something lol)and according to the general manager I was going to be investigated because last night I did something wrong (just took some tips out of a box to give it to the current team member and according to the general manager I shouldn’t be doing that. Even knowing I am a supervisor but I believe they just got pissed because I told him 24 hour ago I was leaving with less than 2 weeks notice.. I think he just tried to find something to make me look like the bad guy. I did not steal any money. All I did I took $3 dollars from one tip box and put it to the correct one for the correct employee. But yes if that’s wrong it is so he said an investigation was going to be made so I’m like “this is BS in my opinion” I’m just going to resign right now. then I also texted my resignation effective immediately once I got home via text and for them to send me my last check to my mailing address within 72 hours.
     
  10. Miller M2

    Miller M2 Law Topic Starter Member

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    Almost forgot to add that they did this to me 30 mins before my shift ended tonight. So of course during the investigation that takes a few days meaning I am not waiting to hear nothing and if they say you fired o well I deal with it but at this point I was leaving anyways but sadly this turned out different. What a twist! Arizona here I go!! lol and yes I have plenty of money saved and 3 jobs waiting for me but some apartments asking for proof of the mew employer in Arizona so I’ll be asking for one for the ones that are waiting for me for the last interview to get me started. Just giving you an update and again thanks to you all for all the knowledge and time to responde !
     
  11. Miller M2

    Miller M2 Law Topic Starter Member

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    Can I still can after you read my update ? Hahaha!
     
  12. justblue

    justblue Well-Known Member

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    Yes, you can. You may (probably) get declined...but nothing ventured, nothing gained...right? ;)

    FWIW: You really should not have quit like that...you should have let them do their investigation. If, as you say, you did nothing wrong.
     
  13. adjusterjack

    adjusterjack Super Moderator

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    Yes, you can. And you should.

    And if you get denied, it doesn't cost you anything to go through the appeal process.
     
  14. Miller M2

    Miller M2 Law Topic Starter Member

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    Yes but the whole energy was just wrong earlier last night another coworker quit (my best cashier) because bad upper management they started to then spread that energy last night towards me and they knew I was close to quit anyways, and the unemployment Is something I wanted to learn in regards of moving to a diff state with out no job due to my kids, but at the same time I have just learned that in order for me to get a place to live over there I need a letter from my new potential employer. I am working on that Monday. so unemployment money wouldn’t help just for a week or two and money is not the issue thankfully.. I just wanted to know the “if” I can get it while moving to AZ because of my kiddos but other than that I’m fine.
     
  15. Miller M2

    Miller M2 Law Topic Starter Member

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    I forgot to mention I was told that during that investigation I was going to be stopped from working (2-3 days max) starting next week. so I rather just say goodbye since ain’t getting paid anyways for those 2-3 days I rather Finnish packing, reset and move.
     
  16. Miller M2

    Miller M2 Law Topic Starter Member

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    Yeah I know they where like “let’s check the cameras maybe he stole some dollars from the tip box lol. But hey is up to them now. I know I did wrong according to the GM and admitted it so now if they want to see if a put something in my pockets they can continue their investigation and see for themself that I did not and what I explained to the GM was true. So they just earned me quitting last night also.
     
  17. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Which isn't an insignificant thing for them to earn. It will save them on their future UI taxes.
     
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  18. Miller M2

    Miller M2 Law Topic Starter Member

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    By the way I haven’t recieved my last check on the Mail, including my pto. Aren’t they on default after 72 of me resigning? According to labor law…
     
  19. army judge

    army judge Super Moderator

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    California law requires final pay to include "all wages and accrued vacation earned but unpaid."

    For purposes of final pay, "accrued vacation" includes traditional vacation pay as well as paid time off (PTO).

    An employer may have to issue a final paycheck very quickly, if an employee resigns.

    The amount of notice the employee gives determines the due date for the final paycheck.

    If an employee gives less than 72 hours notice (clock hours, not business hours), the employer has 72 hours from the time of notice to issue the final check.

    Paydays, pay periods, and the final wages
    ...

    When an employee gives more than 72 hours notice, the final paycheck is due on the employee's last day of work.

    California Law on Pay When You Quit
    ,,,

    Per several California Labor Code sections and the state’s labor laws, an employer is subject to penalties if the employer fails to pay an employee on time. For example, as to regular pay, employers are subject to a $100 penalty if they fail to pay an employee on his/her regular payday.

    As to overtime pay, an employer is subject to penalties if payment is paid after the date when the employee’s wages are normally due.

    When it comes to payment for a final paycheck, California law says that payment must occur:

    on the same day as the employee’s final day of work if he/she is fired or laid off, or
    within 72 hours of the employee giving notice of terminating the employment relationship.
    Note that if an employee is not paid on time, the worker can:

    file a complaint with the DLSE (or the California Division of Labor Standards Enforcement), or
    file a lawsuit against the employer.
    Note, too, that employers are not always penalized if they fail to pay an employee on time. For example, they can avoid a fine if they were not the true cause of a delay of payment (for instance, maybe the employer’s bank was to blame for the delay).

    Note that if an employee is not paid on time, the worker can:

    file a complaint with the DLSE (or the California Division of Labor Standards Enforcement), Division of Labor Standards Enforcement - District offices

    or file a lawsuit against the employer.

    Note, too, that employers are not always penalized if they fail to pay an employee on time. For example, they can avoid a fine if they were not the true cause of a delay of payment (for instance, maybe the employer’s bank was to blame for the delay).
     
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  20. Miller M2

    Miller M2 Law Topic Starter Member

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    Thursdays is payday. Now before I resigned I remember switching to direct deposit, when I log into my “paycom account” it shows the amount paid (only for the working hours not PTO) as direct deposit but I have checked my bank account and nothing is posted yet. My brother works there and he checked in the office for any checks with my name on them but nothing, and he got paid accordingly.

    Also another employee that resigned the same day as me she hasn’t got paid.


    Thanks for your input!
     

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