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?
31 comments


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.
0 coins
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?
0 coins
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
0 coins
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.
0 coins
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.
0 coins
The Boss
•This is incredibly helpful - thank you! Did they ask for any specific proof about your family situation or just your explanation?
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
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.
0 coins
The Boss
•Good point about the severance! I'll ask about that. They haven't mentioned anything yet but worth finding out.
0 coins
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.
0 coins
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!
0 coins
Kaylee Cook
•@Nina Fitzgerald I m'so glad this thread is helping you too! Your situation with kids in school and your husband s'new job sounds like exactly the kind of legitimate hardship that NYS Department of Labor recognizes. Florida is definitely way beyond that 50-mile threshold everyone mentioned. It s'really reassuring to know there are others going through the same thing and that we actually have rights in these situations. Have you started gathering any documentation yet? I m'planning to get everything together before my last day just to be prepared. Wishing you the best with your case!
0 coins
Dylan Campbell
I've been following this thread as someone who went through a similar relocation situation with my employer last year. Just wanted to add that it's really important to keep all your communication with HR and management in writing about the relocation. When I filed with NYS Department of Labor, they specifically asked for documentation showing that the employer was requiring relocation and that I had legitimate reasons for not being able to move. Email chains, official relocation notices, and any responses you send explaining your inability to relocate all become important evidence. Also, don't quit before your official last day - let them terminate your employment when you don't relocate. This makes it clearer that it's not a voluntary resignation. The whole process was much smoother than I expected once I had all my documentation in order.
0 coins
Ava Martinez
•This is excellent advice about keeping everything in writing! I hadn't thought about the importance of not quitting before the official termination date - that's a really good point about how it looks to NYS Department of Labor. I'm definitely going to start documenting all my communications with HR about this relocation requirement. It's so helpful to hear from someone who actually went through the process successfully. Did you have to wait long for your eligibility determination, or was it pretty straightforward once you submitted all the documentation?
0 coins
Sofia Price
I just wanted to chime in as someone who works in HR (not for your company!) - what your HR department is telling you is absolutely wrong and unfortunately very common. Employers often try to discourage unemployment claims by providing misleading information about eligibility. The reality is that NYS Department of Labor makes the final determination, not your employer. When a company relocates beyond a reasonable commuting distance, it's considered constructive dismissal even if they "offer" you a position at the new location. Your 6 years of employment history and the legitimate hardship of not being able to relocate due to family obligations should definitely qualify you for benefits. Don't let them intimidate you out of filing - you've earned those benefits through your years of work and contributions to the unemployment insurance system.
0 coins
Abigail bergen
•@Sofia Price Thank you so much for weighing in from the HR perspective! It s'really validating to hear from someone in the field that what my company s'HR is telling me is misleading. I was starting to second-guess myself because they seemed so confident, but knowing that this kind of misinformation is unfortunately "very common makes" me feel better about standing up for my rights. Your point about constructive dismissal is spot on - just because they re'technically offering "me" a job doesn t'mean it s'reasonable when it requires uprooting my entire life. I really appreciate you taking the time to clarify this from a professional standpoint. It gives me the confidence I need to move forward with filing my claim with NYS Department of Labor.
0 coins
Zainab Yusuf
I'm dealing with this exact situation right now too - my employer announced they're moving from Rochester to Texas next month. Reading through everyone's experiences here has been incredibly reassuring. I was panicking when HR told me I wouldn't qualify for unemployment if I didn't relocate, but it's clear they were trying to mislead me. The documentation tips from @Dylan Campbell and @Jasmine Quinn are especially helpful - I'm going to start gathering all my written communications with management about the relocation requirement right away. It's such a relief to know that NYS Department of Labor recognizes these situations as constructive dismissal. Between my mortgage here and my kids being in the middle of the school year, relocating to Texas would create massive hardship for my family. Thank you everyone for sharing your knowledge and experiences - this thread should be required reading for anyone facing employer relocation!
0 coins
Ethan Wilson
•@Zainab Yusuf Your situation sounds really tough with the Texas relocation and having kids mid-school year - that s'definitely the kind of hardship NYS Department of Labor recognizes. I m'new to this community but have been lurking and learning so much from everyone s'experiences. The documentation advice from @Dylan Campbell about keeping everything in writing seems crucial. Have you been able to get your relocation notice in writing from your employer yet? It sounds like that s one'of the key pieces of evidence NYS Department of Labor looks for. Hoping everything works out for you and your family!
0 coins
CosmicCruiser
I'm new to this community but going through something similar - my employer is relocating from Long Island to North Carolina in a few months. Reading through all these responses has been such a huge help! I had no idea about the 50-mile rule or that this could be considered constructive dismissal. My company's HR department gave me the same line about not qualifying for unemployment if I don't relocate, but it's clear from everyone's experiences that this is just not true. The advice about documenting everything and not quitting before the official termination date is gold. I've already started saving all my emails about the relocation announcement. It's so frustrating that employers try to mislead workers about their rights, but I'm grateful to have found this thread before making any hasty decisions. Thanks to everyone who shared their experiences with NYS Department of Labor - you're helping more people than you probably realize!
0 coins
AstroAce
•@CosmicCruiser Welcome to the community! I'm also new here but have been following this thread closely as I'm in a similar boat with my employer relocating. It's amazing how common this situation is and how consistently HR departments seem to give the same misleading information about unemployment eligibility. Your North Carolina situation is definitely way beyond that reasonable commuting distance threshold everyone's mentioned. The documentation strategy seems to be key - I've been screenshot-ing everything just to be safe. It's really encouraging to see how many people have successfully navigated this with NYS Department of Labor. We've got this!
0 coins
Callum Savage
I'm new to this community but currently facing the exact same situation! My employer just announced they're relocating from Buffalo to Arizona and I've been losing sleep over this for weeks. Reading through everyone's experiences here has been incredibly eye-opening - I had no idea that NYS Department of Labor actually protects workers in these situations. My company's HR department used almost the exact same language about not qualifying for unemployment if we don't relocate, which now seems like a standard script they all use to discourage claims. The advice about the 50-mile rule and keeping everything documented is so valuable. I can't relocate because I'm the primary caregiver for my disabled brother and we have an extensive support network here that took years to build. Arizona might as well be on another planet for us! It's such a relief to know this qualifies as constructive dismissal and that I won't lose my unemployment benefits. Thank you everyone for sharing your stories - you've probably saved me from making a huge mistake by just accepting what HR told me!
0 coins
Justin Trejo
•@Callum Savage Welcome to the community! Your situation with being a caregiver for your disabled brother is exactly the kind of legitimate hardship that NYS Department of Labor recognizes. Arizona is definitely way beyond any reasonable commuting distance, and having an established support network for your brother that took years to build is strong documentation of why relocation would create undue hardship. It s'really unfortunate how consistently HR departments seem to use the same misleading script about unemployment eligibility - it makes you wonder if they re'all reading from the same playbook! Based on everyone s'experiences in this thread, you should definitely be eligible for benefits. Make sure to document your caregiving responsibilities and the support network you ve'built - that will be valuable evidence for your case. You re'doing the right thing by researching this instead of just taking HR s'word for it!
0 coins
Mateo Martinez
I'm new to this community but unfortunately dealing with a very similar situation - my employer just announced they're relocating from Albany to Georgia next spring. Like many others here, HR tried to tell me I wouldn't qualify for unemployment if I didn't make the move, but after reading through all these experiences, it's clear that's just not accurate information. What really struck me is how consistent the misinformation from HR departments seems to be across different companies - it's almost like they're all using the same playbook to discourage unemployment claims. I can't relocate because I'm currently caring for my elderly mother who has dementia, and disrupting her routine and medical care would be devastating for her health. Georgia might as well be on the moon given our circumstances. The advice about the 50-mile rule and documenting everything has been incredibly helpful. I've already started saving all communications about the relocation announcement and plan to document my caregiving responsibilities as well. It's such a relief to know that NYS Department of Labor actually recognizes these situations as legitimate hardship and constructive dismissal. Thank you to everyone who shared their experiences - you've probably saved me from accepting bad information and missing out on benefits I've rightfully earned through years of work!
0 coins
Paolo Rizzo
•@Mateo Martinez Welcome to the community! Your situation with caring for your elderly mother with dementia is absolutely a legitimate hardship that NYS Department of Labor will recognize. Disrupting medical care and routine for someone with dementia can be incredibly harmful, and that s'exactly the kind of documentation you ll'want to gather - medical records, care plans, maybe a letter from her doctor about the importance of stability in her treatment. The Georgia relocation is clearly way beyond reasonable commuting distance. It s'really troubling how widespread this misinformation from HR departments seems to be - reading through this thread, it s'like they re'all reading from the same script to discourage rightful unemployment claims. You re'absolutely doing the right thing by researching this yourself rather than just accepting what they told you. Your years of work have earned you those unemployment insurance contributions, and you shouldn t'lose access to benefits because your employer decided to relocate across the country. Make sure to keep all those communications about the relocation and document your caregiving situation thoroughly!
0 coins
Jacob Smithson
I'm new here but unfortunately going through the same situation - my company just announced they're moving from Syracuse to Virginia and I've been stressed about this for days. Reading through everyone's experiences has been such a huge relief! Like so many others, my HR department gave me the exact same line about not qualifying for unemployment if I don't relocate. It's incredible how widespread this misinformation seems to be - they must all be using the same playbook. I can't move because my spouse just got promoted at their job here and we just bought our first house six months ago. The financial impact of trying to sell and relocate would be devastating. The documentation advice from everyone is so helpful - I'm going to start gathering all my written communications about the relocation immediately. It's reassuring to know that NYS Department of Labor actually protects workers in these situations and recognizes this as constructive dismissal. Thank you everyone for sharing your knowledge and experiences - this thread has probably saved me from making a huge mistake by just accepting what HR told me!
0 coins
Oliver Cheng
•@Jacob Smithson Welcome to the community! Your situation with your spouse s'recent promotion and having just bought a house is definitely the kind of legitimate hardship that NYS Department of Labor recognizes. Having to sell a house you just purchased six months ago would create massive financial hardship - that s'exactly what constructive dismissal protections are designed to address. Virginia is way beyond any reasonable commuting distance from Syracuse. It s'really frustrating how consistent this misinformation from HR departments is across different companies - reading through this thread, it s'clear they re'all using similar tactics to discourage legitimate unemployment claims. You re'absolutely right to research this yourself rather than just taking their word for it. Your mortgage documents and your spouse s'employment records could be valuable documentation of why relocation would create undue hardship. Make sure to keep all those communications about the relocation announcement and don t'let them pressure you into quitting before your official last day. You ve'earned those benefits through your work contributions!
0 coins
Paolo Esposito
I'm also new to this community but going through this exact situation right now - my employer just announced they're relocating from Westchester to Delaware in February. Reading through all these responses has been incredibly enlightening! Like everyone else, my HR department used the same misleading language about unemployment eligibility, but it's clear from all your experiences that NYS Department of Labor actually protects workers in these situations. I can't relocate because I'm a single parent with two kids in high school who are heavily involved in sports and activities here, plus my ex and I share custody so I legally can't just move them out of state without court approval. The advice about documenting everything and the 50-mile rule has been so helpful - Delaware is definitely beyond reasonable commuting distance! It's frustrating that employers seem to use these scare tactics, but I'm so grateful to have found this thread before making any decisions. Thank you everyone for sharing your experiences with NYS Department of Labor - you're helping so many people understand their rights in these difficult situations!
0 coins
Luca Bianchi
•@Paolo Esposito Welcome to the community! Your situation as a single parent with shared custody is particularly compelling - the legal restrictions around moving kids out of state without court approval is exactly the kind of documented hardship that NYS Department of Labor recognizes. High school is such a crucial time for kids with sports and activities, and Delaware is definitely way beyond that reasonable commuting distance everyone s'mentioned. It s'really telling how consistent this misinformation campaign from HR departments seems to be across all these different companies - they re'clearly trying to discourage legitimate claims. Your custody agreement and the kids school' enrollment records would be strong documentation for your case. You re'absolutely doing the right thing by researching this rather than just accepting what HR told you. Keep all those relocation communications and don t'let them pressure you into any hasty decisions!
0 coins
Sofia Torres
I'm new to this community but unfortunately dealing with a very similar situation - my employer just announced they're moving operations from Utica to South Carolina this spring. Like so many others here, HR tried to convince me that I wouldn't qualify for unemployment benefits if I chose not to relocate, but reading through everyone's experiences has been incredibly eye-opening! It's almost shocking how consistent this misinformation seems to be across different companies - they really must all be using the same playbook to discourage workers from filing legitimate claims. I can't relocate because I'm currently going through a divorce and the custody arrangement for my kids requires me to stay within the county. Plus, my elderly father just moved into assisted living here after we spent months finding the right facility for his needs. South Carolina might as well be on another continent given my circumstances. The documentation advice from @Dylan Campbell and others has been invaluable - I've already started saving all communications about the relocation announcement and plan to gather documentation about my custody situation and my father's care needs. It's such a relief to know that NYS Department of Labor actually recognizes these situations as constructive dismissal and that the 50-mile rule applies here. Thank you to everyone who shared their experiences - you've probably saved me from accepting bad information and helped me understand my rights as a worker who's contributed to the unemployment system for years!
0 coins