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Which state's unemployment laws apply?

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  • Which state's unemployment laws apply?

    My brother-in-law lives in Georgia, he is a truck driver employed by a large company based in Arkansas. He is wondering if he were to become unemployed, which state's unemployment laws would apply- his state of residence, or the state the company is based in?

    Also, I don't believe that any state allows unemployment benefits to a worker who quits, even if it's for good cause. He says that some states do allow it, so I told him I'd check to see- does either Georgia or Arkansas allow unemployment benefits for quitting for good cause?

    Thanks in advance for any advice.
    Xena

  • #2
    GA law would apply.

    Just about every state has SOME provision for unemployment to be available for employees who quit for a reason deemed "good cause" by the state's regs. However, what those reasons are will vary by state and you have not provided anything to suggest what his reason is. A "good reason to quit" is not always "good cause" by the unemployment commission. If your spouse is transfered out of state that's a good reason to quit your job, but only a very small handful of states will grant you unemployment if you quit for that reason, for example.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      GA law would apply.

      Just about every state has SOME provision for unemployment to be available for employees who quit for a reason deemed "good cause" by the state's regs. However, what those reasons are will vary by state and you have not provided anything to suggest what his reason is. A "good reason to quit" is not always "good cause" by the unemployment commission. If your spouse is transfered out of state that's a good reason to quit your job, but only a very small handful of states will grant you unemployment if you quit for that reason, for example.
      Thanks for the quick reply. My BIL is worried because he's missed several Dr.s appts due to his dispatcher refusing to get him home in time. He has several health issues, one being heart meds and past heart attack, so seeing the Dr on a regular basis is extremely important. His company's policy is that 7 days notice is required for time off- he always lets them know about the appts at least 3 months in advance, and reminders beginning 2 weeks before appt date. I don't know whether something like this would be good cause or not though.

      Do you happen to have a link to the GA unemployment laws? If you do, I'd sure appreciate it if you'd post it. Thanks.

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      • #4
        I don't have anything that spells out the circumstances under which you can quit and receive benefts, but see if this is of any help.

        http://www.dol.state.ga.us/ui_rules.htm

        We also have an unemployment expert (rjc) who may have more info for you as well as two GA attorneys who post from time to time.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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