Continuing to Receive Unemployment Benefits Once They Have Been Awarded

Once you have received an award entitling you to the receipt of unemployment benefits, there are a number of steps that you must take, in order to continue receiving those benefits. The steps that you must take include the following:

Request payment every 2 weeks;
You must be actively seeking employment, and record your efforts on a weekly basis;
You must make the minimum number of contacts each week, as assigned to you by the Workforce Center;
You must be willing to accept suitable work, based on your experience and education;
You must be physically and mentally able to work and to begin work immediately if a job is offered. Read More

LACK OF KNOWLEDGE OF NEED FOR EMPLOYER TO PROVIDE RELIGIOUS ACCOMMODATION WILL NOT BAR A SUIT FOR DISCRIMINATORY FAILURE TO HIRE

The U.S.. Supreme Court, on June 1, 2015, decided that an employer can be liable for religious discrimination, under Title VII, when applying a seemingly neutral employee policy, applicable to all employees, against a member of a religion, who has not asked for any accommodation, but the employer suspects that one might be asked for, and therefore directs that the job applicant not be hired. This was in the case of EEOC v. Abercrombie & Fitch Stores, Inc. This case involved a Muslim woman, Samantha Elauf, wearing a head scarf when interviewed for employment, who never mentioned that she was wearing the scarf for religious purposes, or that she needed any accommodation from the employer to be allowed to wear the scarf at work. The Company had a “Look Policy” in place, applicable to all employees, governing its employees’ manner of dressing while at work. Read More

Unemployment Benefits for Job Loss Due to Harassment

Many people question whether or not they are permitted to resign from their employment and then collect unemployment compensation benefits, under the theory of “constructive termination”, when a co-worker is harassing them. “Constructive termination” in Colorado is shown by evidence establishing deliberate action on the part of an employer which makes or allows an employee’s working conditions to become so difficult or intolerable that the employee has no other choice but to resign. Such determination depends upon whether a reasonable person under the same or similar circumstances would view the working conditions as intolerable. See, Wilson v. Board of County Commissioners. Read More

Termination of employment for marijuana use in Colorado

In an article in the Denver Post of December 15, 2015, entitled “HR managers tightening drug policies since legalization of pot”, it is pointed out that a number of employers are reconsidering their substance abuse policy. Many employers have policies in place that prohibit drug use or being under the influence of alcohol, either during work or while on the employer’s premises. In Colorado, where recreational use of marijuana is legal, it was thought that the employer had no right to control the non-work activities of its employees, as long as the employee was not impaired due to alcohol or drug use while at work. That was based on a Colorado Statute, C.R.S. 24-34-402.5, which provides that it shall be a discriminatory practice to terminate an employee for lawful activities off the premises of the employer, unless the activity is related to the employment activities and responisbilities of the employee. Read More

DISABILITY DISCRIMINATION AND REASONABLE ACCOMMODATION

If you find yourself disabled and unable to do your regular job, without accommodation, what are your rights?  This article discusses an employee’s rights under the American with Disabilities Act (ADA), and the duties of the employer to the employee.
Congress enacted the [Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.,] in 1990 to remedy widespread discrimination against’ persons with disabilities.” Smothers v. Solvay Chems., Inc., 740 F.3d 530, 543 (10th Cir. 2014). The ADA is not meant to give them preferential treatment, but to level the playing field. With the protection of the ADA, a worker who, despite a disability, is able to perform the essential functions of his job is entitled to reasonable accommodation from the employer, if needed. Read More

QUITTING EMPLOYMENT TO MOVE TO ANOTHER JOB WILL NOT ALWAYS ENTITLE YOU TO UNEMPLOYMENT BENEFITS IF YOU LOSE THE SECOND JOB

Circumstances often dictate that a person must quit his job due to a desire to move to a different city and get a job there. The question arises as to whether the loss of the second job will affect his rights to unemployment compensation benefits in Colorado, under the Colorado Employment Security Act (CESA). (CESA is found at Colorado Revised Statutes §§ 8-70-101 to 8-82-105). Based on a recent decision of the Colorado Court of Appeals (“Nagl”) , your wage credits at the first employer may not be considered in awarding benefits if you quit voluntarily. (Nagl v. Indus. Claim Appeals Office of Colo., 2015 COA 51 (Colo. Ct. App. April 23, 2015)). Therefore, if you only worked a short time at the second job, your entitlement to benefits may be greatly reduced. Read More

Did you know that you have rights under the NLRB even though you are not a union member?

Many employees are unaware of the fact that, in addition to protection against illegal activities by various state laws, the National Labor Management Relations Act (29 USCS § 157) (the “Act”) provides protection for certain activities that are not covered by state laws. Oftentimes, employees are under the misconception that, in order to have the National Labor Relations Board investigate a perceived workplace wrong, the employee must belong to a union. That is not the case. Section 7 of the Act provides, in part, as follows:
Employees shall have the right. . . to engage in other concerted activities for the purpose of . . . other mutual aid or protection. Read More

Employee or Independent Contractor under Colorado Unemployment Compensation Laws

The Colorado Employment Security Act (CESA) is designed to help protect employees from the negative consequences of unemployment, not due to any fault of their own. The benefits available depend on whether or not the individual, under Colorado law, was an employee, or whether he was an independent contractor. An independent contractor is not entitled to unemployment compensation benefits under Colorado law. When a company engages the service of independent contractors, the company does not need to pay the State of Colorado the unemployment compensation tax required for its employees. Thus, the classification of the individual as either an employee or independent contractor has great financial ramifications. Read More

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