Can you collect unemployment if your employer relocates - NYS Department of Labor question
My company just announced they're moving our entire operation to another state and want all employees to relocate by March. The thing is, I can't move because of family obligations and my spouse's job here in NY. HR is saying since they're offering us positions at the new location, we won't qualify for unemployment if we don't go. Is this actually true? I've been with this company for 6 years and really don't want to lose my benefits. Has anyone dealt with NYS Department of Labor on this type of situation before?
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Evan Kalinowski
Good news - in NY, if your employer relocates to a location that would require you to commute more than what's considered reasonable, you can qualify for unemployment benefits. NYS Department of Labor typically considers anything over 50 miles or significantly longer commute time as good cause to quit and still receive UI benefits. You'll need to document that the relocation creates an unreasonable hardship.
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The Boss
•That's such a relief to hear! Do you know what kind of documentation I need to provide to NYS Department of Labor to prove the hardship?
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Victoria Charity
wait really?? my old job tried to tell me the same thing when they moved from buffalo to rochester and i just took their word for it and didnt file
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Evan Kalinowski
•Unfortunately yes, employers often misrepresent unemployment eligibility rules. You should have been able to file in that situation. The key is 'good cause' to refuse the transfer.
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Jasmine Quinn
I went through this exact scenario last year with NYS Department of Labor. My employer relocated from Albany to North Carolina and I couldn't move due to my elderly parents needing care. Here's what you need to do: 1) Get written notice of the relocation from your employer, 2) Document your reasons for not being able to relocate (family obligations, spouse's employment, etc.), 3) File your claim immediately after your last day of work, 4) Be prepared to explain the situation during your eligibility interview. NYS Department of Labor approved my claim without any issues.
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The Boss
•This is incredibly helpful - thank you! Did they ask for any specific proof about your family situation or just your explanation?
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Jasmine Quinn
•They asked for some basic documentation like proof of my parents' medical needs and residence, but nothing too invasive. The key was showing it was a legitimate hardship, not just personal preference.
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Oscar Murphy
UGH this happened to my friend and she had such a nightmare trying to get through to someone at NYS Department of Labor to explain her situation. She kept getting disconnected and the online system didn't have a clear way to explain the relocation issue. Finally found this service called Claimyr (claimyr.com) that helped her actually reach a real person at NYS Department of Labor to walk through her case. There's even a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Might be worth checking out if you run into issues getting through to explain your situation.
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The Boss
•Thanks for the tip! Hopefully I won't need it but good to know there are options if I can't get through the regular way.
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Nora Bennett
Just want to add that you should also check if your employer is offering any relocation assistance or severance packages. Sometimes they'll provide severance to employees who can't relocate, which might affect your unemployment timing. But definitely don't let them convince you that you're not eligible for benefits - that's not their call to make, it's NYS Department of Labor's decision.
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The Boss
•Good point about the severance! I'll ask about that. They haven't mentioned anything yet but worth finding out.
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Ryan Andre
Yep this is a clear case of constructive dismissal. The company is essentially forcing you to quit by making continued employment unreasonably difficult. NYS Department of Labor recognizes this and you should absolutely be eligible for unemployment benefits. Don't let your employer's HR department scare you out of filing.
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Nina Fitzgerald
I'm dealing with a similar situation right now - my employer is relocating from Syracuse to Florida next month. I've been stressing about this for weeks, but reading through all these responses is giving me hope that I won't lose my unemployment eligibility. The 50-mile rule that someone mentioned earlier is really helpful to know. My situation is that my kids are settled in their schools here and my husband just started a new job, so relocating would create major hardship for our family. It's frustrating that employers try to make it sound like we have no options, but it sounds like NYS Department of Labor actually protects workers in these situations. Thanks everyone for sharing your experiences - this thread is a lifesaver!
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