Unemployment for Military Spouse

dhnyct · September 2002

Employee of a private business in Georgia resigned due to the out-of-state military transfer of her spouse. Can she collect unemployment benefits? Please direct me to any regulations pertaining to this subject.

Need ASAP....THANKS!!!

bsa · September 2002

Unemployment is state specific, but my guess from TX would be --no. GA's labor office would be your best source for the almost correct answer.

Don D · September 2002

BSA is correct. Your only reliable answer must come from the Georgia Employment Security Commission (or whatever they've changed their name to). It is my understanding though, that in Georgia, like Mississippi, the claims examiner would rule that this was a case of having quit for 'familial or domestic circumstances', which is not going to translate to eligibility. I once lost a UI appeal long distance in the country of California where a person was ruled eligible who quit an over the road truck driving job (and abandoned the truck) to be with a person at her home who was uncomfortable without her. She drew. But, I do not think you will find that to be the case in your situation.

Pork · September 2002

Like "Dandy Don" stated you should check with GA Governmennt authority; In Mississippi: "Your account is not chargeable with benefits paid to any worker who left your employ without good cause, or who was discharged by you for misconduct connected with his/her work, or who refused without good cause an offer by you............." The key here for me to appeal is "without good cause". Her spouse was ordered to a new assignment and he normally would take his family if authorized to do so. Since you did not discharge the employee for cause and there was no wanton disregard for your companies policies and procedures, then you must accept the states determination to pay benefits; however, if charged for those benefits then I would most definately appeal. I have only lost one (1) appeal and I have successfully appealed several. Sometimes you have to wake up the governmental worker bees to the facts. If you don't appeal their decisions, then the world goes on and nobody knows and the cost are lost forever. The facts are the facts she left as the family left, her choices are private personal decisions and seperation of the family unit was not a part of the equation. Therefore, the employee left as a result of military orders of which she was a victim of the military world and could make no other reasonable decision. GA is a strong military state and would most likely support the military member and pay but not charge your account. Hope this helps, appeal the decision if charged back to your account; Georgia should accept your appeal but likewise support the military family. Your employee will be back as a seasoned employee if you help them now! They will return in the future.

Don D · September 2002

I don't wish to disagree with the gentleman from 'the other white meat' company; however, I doubt you will find that the UI people or the state law regarding eligibility will have the flexibility to come down on the side of compassion simply because the reason relates to the military. The law and the regulations will be clear on whether familial reasons or domestic circumstances warrant a ruling of eligibility. The decision will be fact based, not determined by judgement or emotion. They will not be placed in the position of granting some special degree of weight to the military angle of it. If so, how would they then weigh the issue of a woman who resigned when her husband was transferred from Georgia to Arizona because of a medical prescription to be in a non-humid climate, for example. They will not and can not be that judgemental and will rely on the law in your state.

Anita · September 2002

Sorry Don, but I have to disagree. I have had several employees that have voluntarily quit to follow their husbands, whether it was for a new job, or the military and they ALWAYS get unemployment. I don't get charged for it though.

Don D · September 2002

I don't think you're disagreeing. You are just citing the law in your state. It varies, as you know. Almost nothing about unemployment insurance is universal. In this state, and a few others for sure, a person who leaves a job for personal reasons such as familial, domestic, medical, child care, sickness in the family, transportation, etc. are deemed to have left for other than good cause. The definition in the state law of 'good cause' is often entirely 180 degrees from that of the claimant. A quick call to a UI office in one of the 50 states will quickly answer the issue in your state.

NaeNae55 · September 2002

Many years ago (about 20) my husband got a promotion which involved a 65 mile move and I had to leave a company I loved (no one suggested that I had to commute). My ex-employer suggested I apply for unemployment, and after 4 frustrating weeks of job hunting I did just that. I got it. The state was California. I don't know if my ex-employer was charged or not.

When we moved to Kansas in 1986 for a job opportunity for my husband it fell through after 10 days (new manager had a cousin he wanted in that spot). My husband applied for unemployment and he got it...from California.

California is a great state to work in as it is very employee friendly. Check out your own state regs to find your answer. As you can see, it really depends on your own state laws.

Theresa Gegen TX · September 2002

And some employers may not challange the request if they liked the employee.

Don D · September 2002

Of course that will require one of two things on the employer's part. Either lying on the form or simply not responding to it at all. (In a state like this one).

dmartenson · October 2002

Many years ago (22?) my Air Force husband was moved from Oklahoma to California. I was granted unemployment benefits from Oklahoma at that time because I had to leave a job that it would have been an "undue hardship" to continue - talk about a commute!!

Don't know if the rules have changed since then, but from my HR experience, it seems that the employee rules most of the time with UI.

Example - we terminated an employee because, while still employed by us, he was marketing his "new company" (in direct competition with us) to our current clients. He had decided to start his own company and was using his work time to convince our clients to contract with him instead. While we considered this "gross misconduct", Wisconsin UI, in fact, did not. And he was able to drawn unemployment benefits while he continued to "start up" his new business. Went all the way to UI judicial hearing - we even had our clients testify for us - but in the end ee took the day.

I lost a little faith that day - but we do carry on.

Don D · October 2002

As an aside, I remind us all that it is our state legislature that sets the regulations or general rules governing a state's UI regulations. In Mississippi we have a very, very strong Mississippi Manufacturer's Association which is super busy all year long lobbying the right people. During the legislative sessions, they are in the halls every day all day long, plus providing employers with daily fax updates regarding legislation that affects us. They have been a very effective and proactive force for managing sensibility in our UI laws. And the employer community gets very actively involved as well. Perhaps this is why we are one of the few, if not the only, states to not have a State Department Of Labor with its myriad of additional regulations. Having participated in telephone UI appeals in 47 other states, it has been my education that you can carve out a section of states, relatively equivalent to what's called The South (capital letters of course) and add a sprinkling of others, and the sensibilities of the UI regulations seem to increase as you enter that carved out section.

Unemployment for Military Spouse

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