Tuesday, January 28, 2014

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

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