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Former Employer appealing my unemployment benefits Wyoming

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  • Former Employer appealing my unemployment benefits Wyoming

    My husband and I are both dentists. We moved to Wyoming last year to buy a dental practice. We would both work as associates in this practice until it was time to buy. The goal was the current owners would become our associates when we became the owners.

    Things were going well or so we thought until earlier this year when we were informed that the owners did not want to sell the entire practice to us but only half and with no goodwill. We were shocked but tried to make the best of the situation and tried to get more information about how the sale would work, but didn't get the answers we needed. We turned down their offer and we were then informed that they no longer wanted us to practice in their office and that they would find people to replace us. We could work until they found our replacements and we then had to sign contracts to continue to work in the practice.

    They terminated my husband's employment with a notice of termination first because they found someone to replace him. In his contract the covenant not to compete stated that if either party terminated the employment agreement, my husband could not work as a dentist in any capacity within a 50 mile aerial radius of the practice. Since this is rural Wyoming the nearest dental practice is over 70 miles away, in order for him to continue to live in town, he would have to change careers. They asked me what I wanted to do since he had been terminated and I told them that it would be impossible for me to continue to work at the practice since my husband could not practice and essentially when they fired him, they fired me. We were forced to move to where we both could practice. They gave me a notice of termination and at no time did I give them a notice of resignation.

    We both filed for unemployment and were both granted benefits. Yesterday I received a notice that my former employers were appealing my benefits and a hearing was schedule. They are stating that I voluntarily resigned. I disagree with this because there was no way I could continue to practice in this town while my husband could not practice. In order for us to stay, he would have had to change careers. It forced us to move out of area. I know that we should have gotten letters of intent and contracts before all this happen but we thought small town and people do business with handshakes, so their word was solid.

    Do I have a leg to stand on with this appeal? I have a copy of the contract with the 50 mile covenant and my notice of termination to present.

  • #2
    You did voluntarily resign. You could have continued to work until your husband found another position or you found one. Wyoming allows "trailing spouse" as a valid reason to quit only if the move is related to the military spouse being transferred.
    http://doe.wyo.gov/ProductionDocumen...t_handbook.pdf

    The noncompete is a different issue. All the applicable contracts and document should be reviewed by an attorney to see if the NCA is enforceable in your state.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The fact that I received the same notice of termination as my husband did and I never gave them a letter of resignation does not help my case?

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      • #4
        So, did you quit or didn't you?

        If I heard
        I told them that it would be impossible for me to continue to work at the practice
        , I would consider that a resignation. No state requires an actual letter of resignation.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Then that would be only verbal and would be subject to he said she said. The only thing that is in writing is the notice of termination they gave me. Wouldn't they have made me sign a letter of resignation to have something in writing that I resigned?

          i am just trying to make sense of this. I put down the same information on my initial unemployment claim.

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          • #6
            What did the "notice of termination" they gave you say? In its entirety, if it's not too long.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              FYI, there is no requirement that resignations be in writing.
              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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              • #8
                Then that would be only verbal and would be subject to he said she said.
                So your going to say that you didnt say that? Bad karma...

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                • #9
                  There was a job for you to do, you chose not to do it. That is a voluntary termination in my book.

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