Should I file an appeal/protest if I was denied unemployment for voluntarily quitting my job to relocate with my spouse out of state?

UPDATED: Feb 9, 2012

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Should I file an appeal/protest if I was denied unemployment for voluntarily quitting my job to relocate with my spouse out of state?

I was denied unemployment benefits due to voluntarily quitting my job to relocate with my spouse. While I understand unemployment law does not consider a “trailing a spouse” as a good cause, I feel that my extenuating circumstances should be considered. A) I worked for the USPS as a transitional employee (basically “at will”) no benefits, no guarantee of hours and a year to year contract that could be terminated at any time. I also tried to transfer but transfer is only for “career” employees. B) My husband is not an active service member but is under contract with the US Army.

Asked on February 9, 2012 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, unemployment insurance does not recognize "extenuating circumstances." It can't, since otherwise everyone would be eligible--everyone who resigns a job without having another one waiting for him or her, after all, has some good reason for doing it, be it stress, to care for a family member, or otherwise.

Arizona does, I believe, have a trailing spouse law or provision that allows unemployment for spouses of military personnel who are relocated. If your husband is in the military and was relocated by them, you may be eligible; but if he is, for example, a civilian contractor of the military, that would not help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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