What is Misconduct Under Colorado Unemployment Law?
Below is an excerpt from a 1986 decision issued by Colorado"s Court of Appeals
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if You Were Working to the Best of Your Ability
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)
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