Denver Unemployment Benefits And Appeals Lawyer
Unemployment often has devastating consequences for individuals and families. Each state offers benefits to those who are unemployed through no fault of their own, and Colorado is no exception. These benefits aim to help those who find themselves without work stay on their feet until another job comes along. Unfortunately, not all who are unemployed are eligible to receive such benefits. If you seek unemployment benefits in Colorado, its important that you file for them correctly the first time to avoid a lengthy appeals process.
While not everyone is eligible for unemployment benefits, some who may be eligible may be discouraged to receive a denial letter from the Colorado Department of Labor and Employment. Its important to fight for the benefits you and your family depend upon for financial peace of mind. If you have recently become unemployed in Denver and need to file for unemployment benefits or seek to appeal a denial, attorney Nathan Davidovich can work with you to give your claim the best chance at success.
How Long After Getting Fired Can You File For Unemployment
Most states require that you apply for benefits immediately after you lose your job, as your eligibility begins the week in which you file your claim. Claims start on the Sunday of the week an Unemployment Insurance application is submitted so begin sooner rather than later.
A Really Bad Workplace Could Also Make You Eligible
Every employee’s circumstances are at least somewhat unique and will come with their own wrinkles. Some state agencies, for instance, may be far more stringent in their denial of benefits. However there are some steps you can take to better your odds, even if your situation does not seem to make you the ideal unemployment candidate.
Employees who quit due to constructive dischargewhich means that the employer created conditions that made continued employment unbearablewill receive unemployment benefits, but proving constructive discharge isn’t easy, HR executive and career coach Lynda Spiegel told us.
Even if you arent fired, you might still be able to receive benefits.
You can even get benefits without an involuntary termination if there is a significant reduction in work hours reducing your pay or you resign for good cause attributable to your employer , Wood suggested. You can usually file a claim for benefits without a lawyer, but should consider consulting one if your benefits are denied.
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Here’s How Unemployment Benefits Work
First of all, how exactly does unemployment work? Well, it varies by state, but generally you’ll only be able to claim unemployment benefits if you have been working and then lost your job.
After you lose your job, you can call your states unemployment office or go the their website to find out how to apply. You may then be contacted by a person from the agency to make sure that you qualify.
Youll need to regularly file an unemployment claim and prove youre still looking for work to continue receiving the benefits. Whether you find work or not, those benefits will run out in a matter of months. The standard length that unemployment benefits will last is 26 weeks, though some states have cut down that time, and states as well as the federal government can extend the time period during economic downturn.
Scores Of Unvaccinated Workers Are Filing Wrongful Dismissal Claims Against Employers Lawyers Say
This article was published more than 6 months ago. Some information may no longer be current.
People walk along a street in Toronto’s financial district, on Jan. 13, 2021.Fred Lum/The Globe and Mail
Employers across the country have begun firing employees who are not fully vaccinated against COVID-19, according to lawyers who say they are inundated with vaccine-related cases and claims of wrongful dismissal.
The deluge of cases sets up a crucial legal test of vaccine mandates imposed by employers, one that pits the individual rights of workers against employers health and safety concerns amid a pandemic that has dragged on for almost two years.
Leading labour and employment lawyers told The Globe and Mail that cases involving the termination of unvaccinated employees hinge on a number of factors, including whether employees are required to come into work, details of an employees initial hiring contract and whether the employee is unvaccinated on grounds other than medical or religious ones.
I have never had, in my 20-year career, so many calls, e-mails, queries about a single issue as I have about employees being let go or put on indefinite leave because of a company vaccine mandate, said Lior Samfiru, co-managing partner at the Toronto-based labour and employment law firm Samfiru Tumarkin LLP.
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Q: Can You Get Partial Unemployment Compensation If Your Hours Are Cut Back
A: You may be able to receive partial unemployment compensation if your work hours are cut back because of a lack of work. At your job, you can earn up to 40% of your weekly unemployment compensation amount without losing any unemployment benefits. Anything you earn over this amount is deducted from your weekly check.
File For Unemployment Benefits
Immediately after being terminated, you should file for unemployment benefits. This will ensure a continuation of at least some income while you are unemployed. In order to obtain these benefits, you must show that you lost your job through no fault of your own. If you believe the employer will argue against this, you should consider your strategy for defending yourself. For example, identify favorable witnesses and documents.
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What Is Considered Misconduct At Work
Generally speaking, an employee engages in misconduct by willfully doing something that substantially injures the companys interests. Other common types of disqualifying misconduct include chronic tardiness, numerous unexcused absences, extreme insubordination, intoxication on the job, and dishonesty.
What Are The Reasons To Collect Unemployment
A worker should be able to collect unemployment due to being terminated at their job. As mentioned previously, this dismissal has to be through no fault of the worker. This could be because the company was downsizing, the company closed, the company closed that specific location where the workers were employed, the company eliminated the job the worker was doing, automation eliminated jobs, etc.
It is important to note that if a worker has been fired âfor causeâ they will not be eligible for unemployment. For cause dismissal generally means that the employer had a good reason to fire the worker. This dismissal can be for any reason however it cannot be for an illegal reason . For cause dismissals generally fall under: bad performance, bad reviews, insubordination, tardiness, not showing up to work, leaving work early without leave, etc. Essentially, anything that can get a worker fired is a reason why they should not receive unemployment insurance.
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Start Looking For Another Job
You should begin searching for another job as soon as possible. First, you must do this to qualify for unemployment benefits. Second, if you file a lawsuit, the law requires that you attempt to minimize your lost wages by diligently searching for another job. Third, it goes without saying that you need an income to survive.
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Have A Plan Besides Filing For Unemployment
It isnt easy to fight for unemployment benefits when youve just lost your job. If you find yourself in a situation this advice will, hopefully, prove helpful. But still, we really hope you dont need to file for unemployment benefits at all!
Regardless of whether you can claim unemployment benefits, it’s a good idea to have some well-stocked savings in case you lose your job.
But you don’t want to dip into your savings if you don’t have to. That’s why you should focus on maximizing your job prospects!
A graduate of Harvard College and Yale Law School, Dan Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalishs practice focuses on complex trial work, and he represents employees in all aspects of employment litigation. Prior to joining the firm, Mr. Kalish was a felony prosecutor at the King County Prosecutors Office, where he tried several cases, ranging from identity theft to first-degree murder. Prior to that, he clerked for a federal judge and worked at Perkins Coie, the premier defense law firm in the Northwest.
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Rights Of Fired Employees
Private employment is at will in most cases, meaning that employers can terminate their employees at any time, and for any reasonas long as its not illegal, discriminatory or in violation of a contract.
However, terminated employees have certain rights, one of which is the right to receive unemployment compensation, if they qualify. Other rights of fired employees include:
- Receipt of their final paycheck.
- Paid severance, if the contract stipulates it.
- Continued health insurance coverage after separation from their employer via COBRA.
- Advance notification before closing of a facility or a mass layoff.
Determining Your Eligibility For Unemployment Benefits
Good cause is determined by your state unemployment office, and it varies from state to state. For instance, some states consider quitting due to a spouses new out-of-state job as good cause, while others only consider that good cause if the move is due to a spouses military transfer.
When you file for unemployment, you will be able to make a case for why you are eligible for unemployment benefits if the employer contests your claim. If your claim is denied, you should be entitled to a hearing where you can plead your case.
If you are planning to quit your job and you are not sure whether youre eligible, check with your state unemployment office to determine your eligibility for unemployment compensation prior to announcing your resignation. They can help you to assess your case for claiming good cause.
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Ask For A Complete Reason For Your Termination
Immediately upon being fired, ask your former employer to provide the reason in detail. This may be a difficult conversation, so its important to approach it gracefully. One tactic is to use your breathing and body language to stay calm: take deep breaths in and out, and keep your legs uncrossed and hands unclenched.
You can phrase your question in several ways:
- This is disappointing news. Can you give me more details on the reasons for my termination?
- I regret that Ill be leaving this way. Can you give me additional context around your decision?
Understanding why you were fired could help you identify certain areas of improvement. If youve been let go for performance reasons, youll want to know how to avoid this issue again. There may be other reasons why youre being terminated, and if its not related to your performance, that will be a helpful context as you look for new jobs.
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Being Fired Is Bad News
There are several negative consequences that can result from being fired. For one thing, you may have a hard time finding a new job when you have to tell employers that you were let go for cause . Additionally, when you’re fired due to your own poor performance or misconduct, you’re generally not eligible for severance — something laid-off workers often get.
Furthermore, getting fired can kill your chances of collecting unemployment benefits — but not always. Generally speaking, you can’t collect unemployment if you were fired due to serious misconduct, like stealing from your employer, lying about your hours, or doing something that clearly violates the rules set forth by your company. However, if you were fired due to poor performance, the laws are a little hazier.
Whether you’ll be eligible for unemployment benefits is determined on a state by state basis. This means that what’s considered serious misconduct in one state may not hold true for another. Therefore, if you’re let go for cause, and you file for unemployment benefits but have your claim denied, it could pay to speak to an attorney who specializes in employment law for guidance, assuming you didn’t do something blatantly wrong that would bar you from getting benefits.
Another thing to keep in mind is that depending on why you got fired for cause, you may be eligible for unemployment benefits after a certain waiting period. But again, the rules depend on your state.
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What Does Fired For Cause Mean
Fired for cause means that your employer can prove that they had a reason to terminate you from your job. There are many different reasons an employer can fire someone with cause but a few of them are listed below:
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Violation of the company code of conduct
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Failure to follow orders from superiors
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Breach of contract
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Not showing up for your job or being repeatedly late
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Any acts of violence or threats
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Falsifying records
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Failing alcohol and/or drug tests or working while under the influence
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Violating company computer policies
Again, there are many other reasons, but those of some of the most common ones. Your employer cannot just claim you were fired with reason, they typically have to provide some sort of proof. They are not allowed to say that you stole money without any proof that you did. If they have drawer counts, witnesses, or maybe video of the alleged incident, then they can fire you for stealing.
When there is a termination for cause situation and the employer has documentation, then it is very unlikely that the employee will get unemployment compensation.
New Hampshire Ui Eligibility
In order to be eligible for unemployment insurance benefits in New Hampshire, a worker must meet three requirements:
- Earned at least a minimum amount in wages in the year before they became unemployed.
- Be able to work and are actively seeking a new job.
- Be unemployed through no fault of their own, as defined by New Hampshire law.
While the question of how much an employee earned in their base period is a straightforward mathematical calculation, the other two conditions depend on state regulations. The New Hampshire of Employment Security agency determines the issue by looking at a workerâs circumstances. For example, those in jail, on vacation or in school full time are not likely to be considered available to work, nor is someone with transportation or child care issues. A worker must also actively look for work each week and provide the contact information to the agency.
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Who Qualifies For Unemployment Benefits
A person who is unemployed must meet specific criteria to receive benefits. If you hope to collect unemployment compensation in Colorado, the Department of Labor and Employment requires you to:
- Be unemployed through no fault of your own
- Be physically capable of working, actively seeking employment, and available to work
- Have earned a minimum of $2,500 during the base period
The base period in Colorado is the 12-month period before you lost your job. More specifically, this period consists of the last four out of the five most recent calendar quarters you worked before filing for unemployment.
The Quick Answer: It Depends
Sometimes, good workers get let go for reasons outside their control. For example, if your company experiences financial problems, it may have to lay off some of its staff. Similarly, if things shift within your company so that your department is eliminated, you could find yourself out of a job, even though you didn’t do anything wrong.
The good news is that if you do find yourself out of work due to such circumstances, you may be entitled to unemployment benefits. Though those benefits won’t replace your entire paycheck, they will provide some income for a number of months while you look for another job.
But what happens when you’re fired for cause — meaning, you were terminated because you either violated a company rule or did a poor job? Are you still entitled to unemployment benefits, or will your income truly take a turn for the non-existent?
IMAGE SOURCE: GETTY IMAGES.
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Can People Fired For Refusing Covid Vaccine Still Get Unemployment
Employees across the country are losing their jobs because they wont get vaccinated against COVID-19, and receiving unemployment benefits depends on the reason the worker was let go and where the person is.
Federal, state and local governments have started implementing vaccine mandates for certain employees, bucking criticism of government overreach and calls for testing options. Individual businesses have also decided to require vaccines.
People who lose their job over a vaccine mandate are generally considered ineligible for unemployment benefits because they failed to comply with company policy, but there are exceptions. State departments of labor decide who should and shouldnt receive unemployment benefits, and some officials are looking to compensate people who were fired because of a vaccine mandate.
Republican lawmakers in Pennsylvania, Tennessee and Wisconsin have introduced legislation that would allow employees who refuse a COVID-19 vaccine to receive unemployment benefits.
In Tennessee, employees who refuse vaccination arent always considered to have engaged in misconduct and could be eligible for unemployment benefits if vaccine mandates are a new policy. This creates a situation where employers substantially changed the terms of the hiring agreement, according to the Tennessee Department of Labor and Workforce Development, and therefore wouldnt automatically disqualify vaccine-hesitant employees from receiving financial compensation.
