SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Unemployment eligibility question
Page 1 2 
Go
New
Find
Notify
Tools
Reply
  
Unemployment eligibility question Login/Join 
Yeah, that M14 video guy...
Picture of benny6
posted
So I put in my 6 month notice in January. My last day is officially June 10. I'm quitting because we're moving from Oregon to Florida. My wife will be accepting contracts during the week as a travel nurse in FL and has accepted a resource nurse position at Orlando Regional Hospital (basically working the weekends there).

I offered my company to keep me on as a remote worker, producing training videos. They declined my offer.

Once I get to FL, we need to find a house and I'll homeschool my son. I'll be going full time gunsmith, or I will find a tech job once we figure out where we'll be settling in long term and if we find an acceptable private christian school for my son.

Given the fact that I'm quitting because of relocation and the fact that I offered to stay on as a remote employee, but was denied, do I qualify for unemployment?

I've been employed full time since December 27th, 1991 when I enlisted in The Marine Corps. So I've got 30 years of uninterrupted full time employment between three jobs.

Ideally, I'd like to begin collecting unemployment in OR and transfer it to FL while we get established there.

Tony.


Owner, TonyBen, LLC, Type-07 FFL
www.tonybenm14.com (Site under construction).
e-mail: tonyben@tonybenm14.com
 
Posts: 5576 | Location: Auburndale, FL | Registered: February 13, 2001Reply With QuoteReport This Post
Member
Picture of Rick Lee
posted Hide Post
I'd be really surprised if a voluntary separation makes one eligible for UI in any state.
 
Posts: 3772 | Location: Cave Creek, AZ | Registered: October 24, 2005Reply With QuoteReport This Post
Member
posted Hide Post
It depends entirely on the state. In Texas if you are terminated for cause, or voluntarily quit, you are not eligible for unemployment.
 
Posts: 302 | Location: Canyon Lake, TX | Registered: December 22, 2008Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
and it can depend on your past employer, most never challenge the UI claims, some do to try and keep their rates down.

File for it, see what happens, worst case is its a no, best case it goes through, you paid for it all those years...

Good luck on the move to FL.. Get on the house search quickly, things don't last on the market here long, further out from metro area you might find lower prices (of course it's all less than what you have in CA) still it's a hot market.

Have you picked an area to look yet.
 
Posts: 24554 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Member
Picture of Rick Lee
posted Hide Post
Termination for any reason can be disputed and qualified. I've been let go before. When I filed for UI, they sent a questionnaire to the company to verify that I showed up for work and did not try to get fired or sabotage the business. Any other cause for termination would still make one eligible for UI in AZ.
 
Posts: 3772 | Location: Cave Creek, AZ | Registered: October 24, 2005Reply With QuoteReport This Post
Member
Picture of Rick Lee
posted Hide Post
On the day I planned to give my two weeks notice, as I walked into the office, the boss called me into his office. Before I could say anything, he said, "We have to let you go." The company's main supplier had just filed for BK and I was making the most money in the sales dept. So, even though I had another job lined up already and had planned to take some time off before the start date, his laying me off before I could quit made me eligible for UI. That was nice.
 
Posts: 3772 | Location: Cave Creek, AZ | Registered: October 24, 2005Reply With QuoteReport This Post
Member
posted Hide Post
From the Oregon handbook:

If you move outside of Oregon, contact the UI Center at (877) 345-3484 to change your address and get instructions on how to report. Keep this handbook because the same rules apply if you are out of state.

NOTE: You will need to register with the agency that provides job placement services in the state that you have moved to within 14 days or your benefits may be denied.

https://www.oregon.gov/EMPLOY/...ng-for-Benefits.aspx
 
Posts: 4795 | Registered: February 15, 2004Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
posted Hide Post
quote:
Originally posted by F_L:
It depends entirely on the state. In Texas if you are terminated for cause, or voluntarily quit, you are not eligible for unemployment.


Yep. Same with Arkansas.

You generally are not eligible for unemployment coverage if you are fired for violating workplace policies/rules, or voluntarily quit (unless in some situations you can prove you were forced to quit due to being a member of a protected class in a hostile work environment).

Unemployment coverage is generally intended for involuntary separation by an employer through no fault of your own, like a layoff due to downsizing or workplace closing.
 
Posts: 33318 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by benny6:
So I put in my 6 month notice in January. My last day is officially June 10. I'm quitting because we're moving from Oregon to Florida. My wife will be accepting contracts during the week as a travel nurse in FL and has accepted a resource nurse position at Orlando Regional Hospital (basically working the weekends there).

I offered my company to keep me on as a remote worker, producing training videos. They declined my offer.

Once I get to FL, we need to find a house and I'll homeschool my son. I'll be going full time gunsmith, or I will find a tech job once we figure out where we'll be settling in long term and if we find an acceptable private christian school for my son.

Given the fact that I'm quitting because of relocation and the fact that I offered to stay on as a remote employee, but was denied, do I qualify for unemployment?

I've been employed full time since December 27th, 1991 when I enlisted in The Marine Corps. So I've got 30 years of uninterrupted full time employment between three jobs.

Ideally, I'd like to begin collecting unemployment in OR and transfer it to FL while we get established there.

Tony.


This is heavily dependent on state law, and you should consult a lawyer in your state.

But I strongly doubt it.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53368 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
quarter MOA visionary
Picture of smschulz
posted Hide Post
So you quit. Eek

Which state should have the pleasure of paying you ~ the one you left or the one you will be in?
Confused

Maybe just get a jay-ohh-bee when you get down there?

Aside from the moral and legal arguments - I guess you could try - file and see what happens?
 
Posts: 23346 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
Member
posted Hide Post
You can either do some research yourself or consult an attorney. However the fact that your employer declined your offer to work remotely does make me wonder if you could make a valid case that it was a involuntary termination. However it seems to me your employer would have to allow other employees to work remotely. If they do, you could have a case.

The one thing I would tell you is you will have a right to appeal any denial. My daughter and my grandson both applied for unemployment. Both were denied. I am good at research. I assisted them with their appeals. Both won their cases. Both received unemployment based on the appeal. It's too long a story to explain why, but in both cases I knew they were wrong. In my daughter's case, we won at the third stage of the appeal. You must have a valid basis for an appeal. I was able to demonstrate in both cases that the state did not follow the law. So if you get denied, file an appeal as long as you have a basis for the appeal. I know I don't have to tell you "it's not fair" isn't a reason. Good luck.
 
Posts: 1080 | Location: New Jersey  | Registered: May 03, 2019Reply With QuoteReport This Post
Yeah, that M14 video guy...
Picture of benny6
posted Hide Post
quote:
Originally posted by smschulz:
So you quit. Eek

Which state should have the pleasure of paying you ~ the one you left or the one you will be in?
Confused

Maybe just get a jay-ohh-bee when you get down there?

Aside from the moral and legal arguments - I guess you could try - file and see what happens?


I knew I'd get a response like this at some point.

Technically, I did not quit. I never gave a formal resignation. I notified them of my intent to move out of state and my desire to remain employed as a remote worker with a title reassignment and reassigned duties. I gave them a move date and they proposed that my last day be the week before.

I pitched an offer to change duties and we had a scheduled meeting to discuss the offer. That meeting ended with their denial of my proposal. I made an effort to stay with the company in some capacity after I relocate.

My wife is accepting contracts in Florida and we're relocating. Had it not been for the fact that we're relocating, I would still do the same job I do today.

Your tone suggests that I simply don't want to work and I want to freeload. Let me tell you something.

I've lived in this God-forsaken state for 21 years and have paid extremely high income taxes the whole time. My son is in 6th grade and he's only spent 3 months in public education. We're forced to pay taxes for a school system that I refuse to send my son to for the sake of his moral and mental health. So Oregon robs me of money to indoctrinate children with liberal garbage, they hamstring law enforcement and encourage people to trash the city with no consequence. They strip rights of parents in the school system and pay people to hide in their homes in fear.

We also pay taxes to fund an inept state government. So if the state has driven me to relocate, losing my job and If my situation qualifies me for benefits that I've been paying into for decades, why should I not at least see if I qualify for such things? I've survived the scamdemic, layoffs and a recession without ever using a dime from the government.

Oregon has made it clear that they don't want my kind here, so I'm obliging them by leaving. So to answer your question, I'd like Oregon to pay me to leave.

Tony.


Owner, TonyBen, LLC, Type-07 FFL
www.tonybenm14.com (Site under construction).
e-mail: tonyben@tonybenm14.com
 
Posts: 5576 | Location: Auburndale, FL | Registered: February 13, 2001Reply With QuoteReport This Post
Fire begets Fire
Picture of SIGnified
posted Hide Post
quote:
Originally posted by benny6:
quote:
Originally posted by smschulz:
So you quit. Eek

Which state should have the pleasure of paying you ~ the one you left or the one you will be in?
Confused

Maybe just get a jay-ohh-bee when you get down there?

Aside from the moral and legal arguments - I guess you could try - file and see what happens?


I knew I'd get a response like this at some point.

Technically, I did not quit. I never gave a formal resignation. I notified them of my intent to move out of state and my desire to remain employed as a remote worker with a title reassignment and reassigned duties. I gave them a move date and they proposed that my last day be the week before.

I pitched an offer to change duties and we had a scheduled meeting to discuss the offer. That meeting ended with their denial of my proposal. I made an effort to stay with the company in some capacity after I relocate.

My wife is accepting contracts in Florida and we're relocating. Had it not been for the fact that we're relocating, I would still do the same job I do today.

Your tone suggests that I simply don't want to work and I want to freeload. Let me tell you something.

I've lived in this God-forsaken state for 21 years and have paid extremely high income taxes the whole time. My son is in 6th grade and he's only spent 3 months in public education. We're forced to pay taxes for a school system that I refuse to send my son to for the sake of his moral and mental health. So Oregon robs me of money to indoctrinate children with liberal garbage, they hamstring law enforcement and encourage people to trash the city with no consequence. They strip rights of parents in the school system and pay people to hide in their homes in fear.

We also pay taxes to fund an inept state government. So if the state has driven me to relocate, losing my job and If my situation qualifies me for benefits that I've been paying into for decades, why should I not at least see if I qualify for such things? I've survived the scamdemic, layoffs and a recession without ever using a dime from the government.

Oregon has made it clear that they don't want my kind here, so I'm obliging them by leaving. So to answer your question, I'd like Oregon to pay me to leave.

Tony.


How is any of that on your employer to pay your unemployment insurance cost?





"Pacifism is a shifty doctrine under which a man accepts the benefits of the social group without being willing to pay - and claims a halo for his dishonesty."
~Robert A. Heinlein
 
Posts: 26758 | Location: dughouse | Registered: February 04, 2003Reply With QuoteReport This Post
quarter MOA visionary
Picture of smschulz
posted Hide Post
quote:
Your tone suggests that I simply don't want to work and I want to freeload.


No it doesn't. Roll Eyes

However, from what I gather is that you as an employee doesn't give you the right to dictate terms to your employer.
So YES you did in reality > quit.

Tony, I don't blame you for trying to collect.
But you don't deserve it ~ at least for the reasons I've heard, but hey it's not up to me.
IF Oregon decides to pay you then good for you.
Go for it.

In the mean time getting a job when you get there might be the best solution.

Good Luck.
 
Posts: 23346 | Location: Houston, TX | Registered: June 11, 2006Reply With QuoteReport This Post
Thank you
Very little
Picture of HRK
posted Hide Post
How is he dictating terms, he's asked for consideration and changes in his employment based on his changes in living location. They can accept or deny, there is nothing wrong with asking, and it doesn't appear that at this point he resigned.

Today large portions of the work force are remote based, either from a house down the street, or, from a wifi enabled hot spot in a RV travelling across the USA. One of the employees in my wife's department has been approved to work from her parents home in Boston, the office is in Florida.

Asking to work remote isn't uncommon or unreasonable, and if they value someone's work, it's worth considering because some company out there will hire them, probably at higher income and allow them to work remote.

It's not an uncommon or unreasonable request these days, unless of course your job physically requires you on site.

Anyway, lots of answers for you at https://unemployment.oregon.gov/workers/file-a-claim

Generally if you quit or fired for cause, you are not eligible.
 
Posts: 24554 | Location: Gunshine State | Registered: November 07, 2008Reply With QuoteReport This Post
Yeah, that M14 video guy...
Picture of benny6
posted Hide Post
Well, I’ll be Frank here. Since I’ve never used unemployment, I simply don’t know how it works or who funds it. I thought that the state pays unemployment through taxpayer dollars, which I’ve given plenty to, not my former employer. When explained that way, I understand now. I get my most straight answers from this forum.

Sorry I snapped at you schmulz.

It’s not a big deal. We’ll get by just fine. There’s plenty of tech jobs where I’m moving if the gunsmith business doesn’t pan out.

Thanks for the straight answers, my friends.

Tony.


Owner, TonyBen, LLC, Type-07 FFL
www.tonybenm14.com (Site under construction).
e-mail: tonyben@tonybenm14.com
 
Posts: 5576 | Location: Auburndale, FL | Registered: February 13, 2001Reply With QuoteReport This Post
Member
Picture of OttoSig
posted Hide Post
quote:
Originally posted by benny6:
Well, I’ll be Frank here. Since I’ve never used unemployment, I simply don’t know how it works or who funds it. I thought that the state pays unemployment through taxpayer dollars, which I’ve given plenty to, not my former employer. When explained that way, I understand now. I get my most straight answers from this forum.

Sorry I snapped at you schmulz.

It’s not a big deal. We’ll get by just fine. There’s plenty of tech jobs where I’m moving if the gunsmith business doesn’t pan out.

Thanks for the straight answers, my friends.

Tony.


Part of every employers cost is unemployment benefits to the state, along with workman’s comp, insurance, etc.

Rates are different depending on state and it’s no necessarily a 100% collection, more of a pool of money the state uses it seems.

Collecting simply because it has been paid isn’t a valid reason. If someone claims in Florida, the previous employer is allowed to make a statement as to whether you were let go or left on your own. We always were honest and told the state when folks quit on us.

No matter how you word it, you did quit. Your employer is under no obligation to let you relocate, change your title and duties, etc.

In my opinion, claiming benefits in this situation would be pretty up there with anybody else riding the system.

All this is to say Oregon ain’t Florida and they will likely pay you if I had to guess.





10 years to retirement! Just waiting!
 
Posts: 6725 | Location: Georgia | Registered: August 10, 2009Reply With QuoteReport This Post
Member
Picture of holdem
posted Hide Post
Welcome to Florida.

Get on the home search now! It's a nightmare here. Houses are under contract within 72 hours after listing and getting 6-10 offers. And many never even make it to market, they sell cause someone knows someone and it never gets listed.

And do not think to yourself, "Well, I will just rent until the market turns." Rental houses are even more competitive and the prices will make your eyeballs pop out.

Check out The First Academy for a private Christian school.
 
Posts: 2377 | Location: Orlando | Registered: April 22, 2007Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by benny6:

Technically, I did not quit. I never gave a formal resignation. I notified them of my intent to move out of state and my desire to remain employed as a remote worker with a title reassignment and reassigned duties. I gave them a move date and they proposed that my last day be the week before.

I pitched an offer to change duties and we had a scheduled meeting to discuss the offer. That meeting ended with their denial of my proposal. I made an effort to stay with the company in some capacity after I relocate.



It is a little hard to distinguish that from quitting in my mind. Just because you didn't use the word "quit" or resign, doesn't matter at all. And your unilateral proposal to work a different job under different conditions doesn't make a difference, either. You tried to get them to give you a material change in your employment and they said no. Then you left. Call it whatever you want, that is quitting. I mean no criticism for that, but don't try to slice the bologna that thin.

Your beef with the state of Oregon doesn't make even the slightest bit of difference.

Unemployment insurance is paid by taxes/premiums on employers and maybe the employed persons, but not by the citizens generally.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53368 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Member
Picture of Perception
posted Hide Post
Either you quit in January with an effective last day of June 10, or you didn't actually resign and proposed a change in your work circumstances that they rejected.

In the first case, you voluntarily left and would likely not be eligible for unemployment.

In the second case, they rejected your offer to continue employment remotely but you didn't resign. If you stop showing up for work on June 10 without resigning they will be forced to fire you for cause and you probably won't be eligible for unemployment.




"The people hate the lizards and the lizards rule the people."
"Odd," said Arthur, "I thought you said it was a democracy."
"I did," said Ford, "it is."
"So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?"
"It honestly doesn't occur to them. They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates the government they want."
"You mean they actually vote for the lizards."
"Oh yes," said Ford with a shrug, "of course."
"But," said Arthur, going for the big one again, "why?"
"Because if they didn't vote for a lizard, then the wrong lizard might get in."
 
Posts: 3598 | Location: Two blocks from the Center of the Universe | Registered: December 30, 2004Reply With QuoteReport This Post
  Powered by Social Strata Page 1 2  
 

SIGforum.com    Main Page  Hop To Forum Categories  The Lounge    Unemployment eligibility question

© SIGforum 2024