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Wyoming Unemployment Case Law
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She quit because the job stressed her out. At first, the state paid her unemployment benefits. Years later, they want the money back.
After the strike was over, some miners were not brought back because during the strike they had blocked the mine entrance.
Fired for some remarks about a former manager who wasn't even there at the time.
He says he quit because of safety conditions. They say he quit to go trapping.
Bettcher et al
Severance, even though labelled "back pay", disqualifies them from benefits.
She was supposed to complete some paperwork before she went on vacation. She didn't complete it until after she returned.
His appeal was dismissed on a meaningless technicality. This court sets it straight.
Casper Iron & Metal
He said he was going to quit. He left and didn't come back. But now he claims he was fired. Why does he collect?

Meanwhile, one judge quotes poetry and scolds the court for dropping the F bomb when writing its decision.

DC Production
Flow testers are employees and not independent contractors. This employer must therefore pay the tax.
In 1989, the department audited this company's unemployment account for 1985. Two years later, the department finally sent them a bill for nearly 27 grand. They appealed, but missed the fifteen day deadline by one day. So the state may mail them a bill six years after the fact, but they may not appeal sixteen days after that mailing.
General Chemical
An employer with a good rate asked for a second unemployment account. The state assigned a higher new employer account to the new account.
A good faith error in judgment does not amount to misconduct.
Hat Six
We see many cases involving a company which is trying to avoid paying the unemployment tax on a worker on the grounds that the worker is an independent contractor. These cases almost never succeed. Regardless of the circumstances, the state always demands the money. But we have seldom seen a case carried so far on such a flimsy grounds as this one.
In a plea bargain, the prosecutor dropped eight counts of unemployment fraud, he pled guilty to the ninth, and was sentenced to two years probation.
He complained of shortages in his check. They thought he was irrational, so they told him to go take a drug test, then fired him when he did not.
When they hired her, they let her start, but said that she must pass a drug test to stay. She failed. The Board wants to give her unemployment. The court says no.
The commission made a decision. Now, they have to stick with it. They can't re-open the case and re-decide.
He worked while collecting unemployment. But he claims it wasn't work because he did it free. But they paid him by the hour. But he claims they didn't pay for his time, but for renting his equipment. But they say they paid him for work. But.... he has to pay the money back.
Laramie Cabs
The company had a hard time proving that their cab drivers are independent contractors and not employees on whom they owe unemployment taxes.
Some state courts use puntilious formalities to frustrate people who did not spend money on a lawyer. In this case, the court will not consider the man's appeal because he did not phrase the title of his brief according to form, used the wrong font, did not include an appendix, and so forth.
This sales manager was told to double her quota of calls. She couldn't, so she quit. The court says she should collect.
Striking workers are required to return unemployment benefits erroneously paid them.
Restaurant Associates
A company bought a restaurant from a company which went broke. Years later, they are assigned the delinquency rate of the defunct company. Interestingly, they are required to pay the taxes claimed by the state before they are allowed to appeal the rate in court.
SF Phosphates
He admitted threatening a former employee, but denied threatening a present employee. Threats to former employees are not misconduct.
She was denied benefits and successfully appealed. During the intervening three months between denial and appeal, she had to withdraw retirement funds to live on. Now the state says her retirement funds should be deducted from her benefits, leaving her with zero.
A whole lot of complexity generated by the apparently simple question whether he appealed on time or not.
Southwest Rehab
Four employees quit as part of a settlement following a lawsuit. This does not disqualify them from benefits.
A nurse quits because she doesn't like the way things are run.
The facts are contradictory, undocumented, and characterized by the court as "sketchy". But when he called to complain about his paycheck, they told him to go take a drug test. He refused.
Western Gas
On returning from vacation, he was handed a letter requiring he take a drug test and complaing about his performance. He quit.
Refused a surprise physical exam and drug test.
They bought a company which was sold at auction because it did not pay its unemployment taxes. They are saddled with the delinquency rate of the company they bought.
When a decision is mailed, it is assumed it will be received. Therefore, even though the claimant says he never received it in time to appeal, his appeal is still too late.
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