My employer is relocating more than an hour from my house. I need to be home at a certain time for my kids. Can i collect unemployment? I would not have taken a job thatvfar away.

Unfortunately, probably not. Please see attached decision. Although this claimant misrepresented why he refused a job in a new location, the Unemployment Insurance Appeal Board did note that a "ninety minute commute" is a reasonable distance for New York City. Of course, other parts of the state may differ but in the greater metro area many people travel such distances and longer so it is very likely this would be construed against you.

If you had a disabled or special needs child then that might be a mitigating factor but I would not count on it.

I found a decision a while back from western New York which required at least a ninety minute commute each way during inclement, I believe, and the claimant recovered benefits. A major distinction was that that claimant had actually attempted the commute for several weeks or a month before explaining to the employer why such commute was not doable. This gave the employer the option of offering possibly options such as a different location or telecommuting. You have to do everything you can to try to make it work. Otherwise it appears that you are at fault or that you voluntarily left your employment and that's grounds for being denied benefits.

http://www.labor.ny.gov/uiappeal-decisions/573460-appeal-decision.pdf

posted by V Jonas Urba  |  Jan 19, 2016 3:48 PM [EST]