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tony


Jun 8, 2014, 9:27 PM

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US Employment Question

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Hello
I am considering taking a position in Mexico. This will require my wife to quit her job. Does anyone know if she will be able to collect unemployment insurance? Does anyone have any experience with this? I currently live in California.
Sincerely, Tony

"We don't see things as they are, we see things as we are."



Sunnyvmx


Jun 9, 2014, 2:06 AM

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Re: [tony] US Employment Question

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Not if she quits. She must be laid off or fired without a good reason.


Aaron+

Jun 9, 2014, 6:37 AM

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Re: [Sunnyvmx] US Employment Question

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And even if she were fired, my understanding (if Calf. is like Pa. in this respect) is that she would have to be reporting in to the State and documenting her efforts to obtain a job in California.


chinagringo


Jun 9, 2014, 6:49 AM

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Re: [Aaron+] US Employment Question

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Some States will allow you to conduct legitimate job searches in other States since it is all about finding employment.
Regards,
Neil
Albuquerque, NM



chicois8

Jun 9, 2014, 7:46 AM

Post #5 of 10 (3769 views)

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Re: [tony] US Employment Question

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Hello
I am considering taking a position in Mexico. This will require my wife to quit her job. Does anyone know if she will be able to collect unemployment insurance? Does anyone have any experience with this? I currently live in California.
Sincerely, Tony


Tony, I took a position in Mexico,
a cold beer in my hand
and my butt in the sand......LOL

But seriously she would have to be seeking work to receive unemployment.
Ocanahua, Jalisco
San Mateo, California


YucaLandia


Jun 10, 2014, 5:21 AM

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Re: [tony] US Employment Question

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A final piece of the puzzle: In most states, the $$ rates that employers pay to in state unemployment depends on their past record of employees collecting unemployment, so employers in these states often deny even legitimate claims if they can find any minor cause. If the employer has a lawyer on retainer (already paid for their services), the lawyers and company have little incentive to agree to pay, and have more to gain by contesting employee unemployment claims and keeping the fight going for months to years.

What's California's record on this? Colorado's record can be poor when the employer can find any cause for firing.
-
Read-on MacDuff
E-visit at http://yucalandia.com


tony


Jun 10, 2014, 6:20 PM

Post #7 of 10 (3624 views)

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Re: [tony] US Employment Question

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Thanks All,
Here are a couple of facts:
1. Yes she can quit and collect benefits under certain circumstances, one of them is if the spouse takes a job in another area where the other spouse will be forced to quit. This is stated in the CA gov't website. There are other reasons as well.

2. Company's can contest the collection of benefits. The company has to give a good reason for contesting. If the reason sounds reasonable, then benefits are denied. The claimant can then appeal and present their side. A decision is based on the "facts" presented. Even if the company has a lawyer, this does not mean that they will win as they have to present some pretty compelling proof that the employee did something pretty bad. I know because I was fired for 'being in an area where I was not supposed to be in'. I appealed and won my benefits. (Calif 1990s)

3. I was hoping someone was going to have some first hand knowledge about the moving to another country thing. Obviously someone can look for a job in another country - even though there chances may be slim to none to for finding a job. This requirement can be met but will it satisfy the gov't requirement?

Thanks Again, Tony

"We don't see things as they are, we see things as we are."


NEOhio1


Jun 10, 2014, 8:54 PM

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Re: [tony] US Employment Question

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There are "reasonable" clauses in all those statutes and policies and procedures. they are buried in language but they will be there. An initial denial will require paperwork and hearings. If she is required to be physically present at a hearing, usually some time after the paper is filed she might be able to use persuasion. However if they hold phone hearings where they call her and link to the employer representative then figure it will be a absolute NO because they will have to be calling her in Mexico and you will be done before you begin. And in these cases even if you get a positive initial ruling there is no doubt the employer will appeal and require an in person appeal hearing which will cost her to return to attend. Remember their team is on salary so it doesn't matter to them how much work or time it might take but it will matter to you.

Here is how the reasoning will go, this move was a lifestyle choice and the lack of employment for her should have been a discussion with your employer and compensation negotiated until she has a job or chooses not to work. Therefore she quit and no benefits are due.


RickS


Jun 11, 2014, 5:50 AM

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Re: [NEOhio1] US Employment Question

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Here is how the reasoning will go, this move was a lifestyle choice and the lack of employment for her should have been a discussion with your employer and compensation negotiated until she has a job or chooses not to work. Therefore she quit and no benefits are due.


While I don't profess to know much (anything?) about unemployment compensation, the above sounds like a reasonable rebuttal to the request.

Sounds like Tony is being prudent and thinking this thing through.


NEOhio1


Jun 11, 2014, 1:06 PM

Post #10 of 10 (3541 views)

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Re: [RickS] US Employment Question

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Here is an idea. Your wife should explain in writing to HR or her employer that she is considering following you to Mexico and will be looking for a job there and would like a recommendation and will pay for an official translation of that recommendation. She should also ask former employers. Do NOT do this until you have a firm commitment for your position and have made an irrevocable decision to leave. This is very important because just asking the question in some companies will result in her immediate dismissal based on her intent to leave.

This is tricky because they could terminate her immediately. She could get benefits then. If they ask her to work out a pay period of month or such then she would go, and she agrees to do that, that would be a change in her employment with a specific end date and she would not get benefits.

This should give her some idea of the employers attitude and will look good if she does file by showing serious intent to find another position after moving to Mexico.

If nothing untoward happens with the request and she is given the letter then a bit later she should approach HR or her employer and mention that she will be filing for unemployment based on an out of area job search. Hopefully the company will have asked their risk management retainer how to handle it and the retainer will have told them to settle.

THEN she should begin to negotiate a separation package for NOT filing for unemployment. This would involve figuring out her benefit level, the average length of reasonable time to be reemployed in her present occupation in her present area and take that figure to them and settle for 60% paid over 90 days. There will be a release she and the employer or HR should sign. She may have to settle for 30%.

This is something you put in play a couple months before leaving and you have to be willing to go without the income if it isn't in your favor. Or you choose to give filing a try with the intention of throwing the towel in after a round or two if necessary.

Just a suggestion. A bird in the hand and all that....


(This post was edited by NEOhio1 on Jun 11, 2014, 1:19 PM)
 
 
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