clapclapclappp

What is Misconduct Under Colorado Unemployment Law?

 Below is an excerpt from a 1986 decision issued by Colorado"s Court of Appeals

Not Enough to Disqualify You
 if You Were Working to the Best of Your Ability

An eligible individual is entitled to a full award of benefits if she becomes unemployed through no fault of her own. Section 8-73-108(1)(a), C.R.S. (1985 Cum. Supp.); Sims v. Industrial Commission, 627 P.2d 1107 (Colo. 1981). In this regard the concept of fault means a volitional act, and is not necessarily related to culpability...Thus, in the absence of a volitional act by the employee, there can be no fault on her part within the meaning of the unemployment statute. 

Undisputed testimony established that the reasons for claimant's pay cut were her undependability and scheduling problems, and that if these problems had not occurred, the store manager would have been willing to continue to pay her at the higher rate. The Commission found, further, that claimant was given no notice that her performance was unsatisfactory. Claimant, thus, had no opportunity to correct the problem and remain at her higher rate of pay. Under these circumstances, the lack of notice to claimant of allegedly unsatisfactory job performance rendered unreasonable the subsequent reduction in pay under the provisions of § 8-73-108(4)(e), C.R.S. (1985 Cum. Supp.). It cannot be said, therefore, that claimant was at fault in her separation from employment.

Rulon v. Industrial Com. of State, 728 P.2d 739, 741 (Colo. Ct. App. 1986)

I Need a Colorado Unemployment Attorney

All Colorado UC Hearings Are Conducted Via Telephone,
So Our Denver Unemployment Lawyer
Can Help You Wherever You Are

Need a referral to a Colorado Lawyer specializing in Unemployment Compensation Claim Hearings? Call us or complete our Referral Contact page and we will (at no charge to you, of course) connect you to competent counsel experienced in such claims.  

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

You have read this article with the title . You can bookmark this page URL http://clapclapclappp.blogspot.com/2014/01/what-is-misconduct-under-colorado.html. Thanks!