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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I work for a doctor and he is selling his practice to a hospital.

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I work for a doctor and he is selling his practice to a hospital. He said under the contract he and his employers will be paid by the hospital and not him. I heard in the contract he said the hospital can't fire his current employees for five years. My questions are does my employer have the right to put his employees in a contract without the employee knowing and do the employees have to take the job with the hospital or since the doctor is no longer paying our salary, can we not take the job and collect unemployment
Hi,

Thank you for your question.

Do you have any sort of written employment contract with the doctor?
Customer: replied 3 years ago.


No

Thank you for your response.

If you do not have an employment contract, then you are classified as an At-Will employee. This means that your employer may change the terms of employment at its discretion as long as the change is not in violation of the federal and state anti-discrimination laws.

Here, the employer has sold his business to the hospital. This means, essentially, that your employer is now the hospital for all intents and purposes. This is not an act of termination. It is a legal business sale which has not disturbed your employment status.

Accordingly, since you were not terminated and still have a job, the law will not classify this as unemployment which entitled you to collect benefits.

Unemployment benefits are only available where there is a no-fault termination.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.



Best regards,
ZDN
Customer: replied 3 years ago.


So you are telling me that even though I am no longer going to be paid by the doctor I work for but by the hospital he sold his practice to. That I have to work for the hospital or lose my job an not be able to collect unemployment.

You would not be losing your job. You would be voluntarily resigning your job. As long as there is work offered by your employer (which is now the hospital), you cannot collect unemployment unless the work offered by the hospital is at a pay rate which is substantially reduced from your prior pay rate.

Perhaps we should explore the reasons you are unhappy with the transition a bit more to see if there is any legal grounds for a "constructive termination" (which is what you are trying to go for here). Can you please explain in further detail?
Customer: replied 3 years ago.

Well I'm not sure if I'll get the same pay or if the hours are the same. And I don't know what my current boss put in this contract I don't trust him. My other thing is I don't drive and currently the hours I work now an the same as my husbands who rives me If the hours change I will not be able to get to work

I see. If the pay rate is not going to be the same, or if the hospital changes your work schedule to make it impossible for you to come to work, you have a potential claim for unemployment under the constructive termination doctrine. However, you will need to wait to make this claim until after those events actually occur. Since nothing has happened yet, you cannot claim unemployment.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best regards,
ZDN
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