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The New York State Labor Department will now support paying
unemployment benefits in some cases where an unmarried individual
involved in long-term relationship leaves a jobs to follow
a partner to another locality.
In a letter dated February 9, the Labor Department’s
counsel, Jerome Tracy, told the state’s Unemployment
Insurance Appeals Board that an unmarried individual who leaves
a job to follow a partner can qualify for unemployment benefits
“provided sufficient proof of a long-term committed
relationship exists."
The letter came two years after a ruling that rejected the
benefits claim of a Rochester woman who quit her job to follow
her partner to Virginia.
Before 1987, jobless benefits were denied to any individual
who voluntarily left employment without "good cause."
That law was amended in 1987 to allow a married individual
to claim unemployment benefits if leaving a job to follow
a spouse to another area.
"The Department thereupon established a policy that
provided that voluntary leaving employment to follow a spouse
could be 'good cause' under the appropriate circumstances,"
the letter said.
"This policy recognizes that there exist in certain
long-term committed relationships certain financial, legal
and emotional commitments that justify voluntarily separating
from employment to follow a marital partner. However, this
rationale can apply equally to persons who are in a committed
unmarried relationship, so long as there are objective indicia
that demonstrate that financial, legal and emotional commitments
exist to justify a claimant voluntarily separating from employment
to follow an unmarried partner," the letter said.
"The Department of Labor has therefore changed its policy
in this area to recognize that unmarried partners may also
have 'good cause' for leaving a job to follow their partners,
provided sufficient proof of a long term committed relationship
exists," the letter concluded.
"Employers are paying benefits to thousands of New Yorkers
who want to work but are unemployed," said Elliott Shaw,
The Council's director of government affairs. "They should
not be forced to pay for the personal choices of employees
who quit a job voluntarily.”
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