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Topics often discussed: employee rights, discrimination, harassment, retaliation, contractual or commission disputes, wrongful termination, and when to fight for unemployment benefits.  Written by Denver employment lawyers. 

Unemployment Benefits 101

 
 Unemployment Benefits Application Attorney
 

According to Colorado law, employees are qualified for unemployment benefits when they were separated from their employment through no fault of their own.  For example: a layoff, reduction in hours, or reduction in pay not related to performance.  It is also important to note that depending on the circumstances, you may still be eligible for benefits even if your employer terminates you.

Be honest in your application for unemployment benefits.

The first step is to apply for unemployment benefits and include the reason for separation along with any supporting documents.  Thereafter, your former employer has the opportunity to present information and documentation related to the employee’s separation.  The deputy will conclude whether or not the employee qualifies for unemployment benefits based on the information provided and interviews with each party.  If you need help figuring out what information to include in your application, we can help.

Do not miss the deadline to request an unemployment hearing!  When in doubt, request the appeal.

The deputy’s finding can be appealed by either side, the employer or employee.  The disagreeing party has 20 calendar days to appeal the decision.  This deadline is very important and should not be missed absent a very compelling reason.  You might be feeling terrible about the fact that you are in the position of needing benefits, but do not let that keep you from taking action.  You do have the opportunity to cancel the appeal if you ultimately decide not to go through with the hearing.

The unemployment hearing is your only chance to get evidence on the record, so you need to know what you’re doing.

When the decision is appealed, the parties must attend a hearing lead by a Hearing Officer.  The hearing involves the questioning of each party and presentation of evidence.  Each party has the opportunity to ask questions of the other party and any present witnesses.  The Hearing Officer will consider all the evidence, including the testimony of the parties and any witnesses to conclude whether the employee qualifies for unemployment benefits.  After the conclusion of the hearing, a written decision is issued.  The hearing will be stressful.  Your former employer is going to fight to say that your unemployment is your fault.  An attorney will be able to advocate on your behalf by using their previous experiences with appeals to focus on the legal arguments most likely to succeed.

If you are unemployed through no fault of your own and you are being denied unemployment benefits, contact us for help.

One of the biggest advantages of working with us is that we will prep you for what to expect and create a game plan before the hearing so that you have the best chance of getting the benefits you deserve.