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Denied VA unemployment b/c I voluntarily quit to relocate with my spouse. Does military PCS orders count as 'good cause'?

Norfolk, VA |

I worked for the Navy Exchange (federal employer) for 2.5 years. I was disqualified for unemployment because 'the claimant voluntarily quit her job to relocate with her spouse' (sited VA code 60.2-618). However, my unemployment was NOT voluntary. My spouse received accompanied Permanent Change of Service (PCS) ORDERS to Texas. Accompanied means his family joins him at the military's expense.
I informed my boss 3 months before we PCS'd. The functions of my job allow for me to work remotely. However, I was flatly denied by my boss. I inquired several times and was told 'no' several times. I want to appeal but need to know if my case shows 'good cause' for it to be approved.

Attorney Answers 3


Make an appointment with the Legal Assistance Officer on base. They should be able to help you and their service is free. Best of luck.

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Section 60.2-618(1) was revised to recognize good cause for spouses who quit their jobs to relocate with a military spouse. However, this provision only applies if the Federal government specifically allocates funds to pay benefits to spouses who qualify under this section. Section 60-2-618(1)(ii) passed constitutional muster. Austin v. Berryman, 878F.2d 786 (4th Cir. 1989)

This is meant as general legal information and is not to be construed as legal advice in an attorney client relationship.

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It sounds like Ms. Wucnich is up to speed on this. You might want to consult with her about possibly assisting you.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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