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.
It is important to realize that when seeking unemployment benefits, under the Colorado Employment Security Act (CESA) 2, you must be very careful to always tell the truth and to list any money received from any other employment, no matter how small the amount. Failure to do so, and receiving an overpayment of benefits by not being truthful, may be considered fraud on the State of Colorado, and may subject you to criminal and civil penalties.
Sometimes, despite all of your efforts, you are not able to find suitable employment, and you decide to try and establish your own business. In doing that, you may be spending your time developing contacts for the new business, and investigating the type of products or services that you want to deal in. The question then arises as to whether or not the time devoted to trying to start that business meets the eligibility requirement of “actively seeking work”.
The Colorado Court of Appeals, in April 2014, dealt with this very question. In the case ofHoskins v. Industrial Claim Appeals Office of Colorado 3, a claim for continued benefits was made by an attorney who had been laid off of the job he previously held, and who spent his time trying to reestablish a sole practice. He argued that since he was unable to find any other employment, the efforts that he was making to go into business for himself should meet the eligibility requirement of “actively seeking work”. The Court of Appeals disagreed with that argument and held that, since the Colorado law does not allow unemployment benefits to those who are selfemployed, the efforts made to create such self-employment are likewise not considered as meeting the eligibility requirements. Therefore, the claim for unemployment benefits was denied.
There are many statutory provisions and regulatory provisions governing the unemployment compensation process in Colorado. In order to not make mistakes, which might result in your having to pay back an overpayment, plus penalty, it is recommended that you obtain the advice of an attorney with expertise in this area. Nathan Davidovich is available for a telephone consultation for only $175 for one-half hour, by calling 303-825-5529, or by email atnathandavidovich@talk-law.com.
This article is intended for information purposes only. It is not intended as professional advice, and should not be considered as such.