Legal Question in Employment Law in California

I am unable to find the answer to this anywhere and hope that you can help. My company is being acquired and some of the products will need to be sold off per the EU/FTC requirement. Per my employer, if I am designated to work for "newco" the yet undetermined buyer of some products, I have no choice. I go with them or I resign - there will be no layoff. However, "newco" may be in another city, another state, or another country. Is it true that if it's 50 miles or more, I can collect unemployment benefits if I "resign"? What if it's 49.6 miles? Another state?

I have not slept well since the EU ruling and would appreciate any information you could give me on this. It seems unfair that I should be forced to pick up and move wherever they send me.

Thanks in advance for your time.


Asked on 1/29/10, 9:40 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

If you decline a job offer, you risk dis-allowance of unemployment benefits, unless you can convince EDD it was not reasonable to accept the job. The facts will be considered, and you will have a right to appeal and have a hearing on a denial. Knowing all this, you should be looking for other work acceptable to you.

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Answered on 2/04/10, 11:07 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

As Mr. Nelson says, there is no hard and fast rule. Whether you can receive benefits depends on the facts of your particular situation. Here is a link to the EDD website section that discusses prior cases addressing the travel issue:

http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_150.htm#Time, Distance and Cost

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Answered on 2/04/10, 11:33 am


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