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by John Smith
(Greeley CO)

I was employed with a company from 2006 to 2008, in which in August of 2008 I was notified the company was closing October 1 2008. Once this announcement was made I decided to start looking for a new job. I found employment through a temp to hire position. I accepted this position in Sept 8 2008. After a 90 day period I accepted a full time position with the employer that I was referred to through the temp agency.

In April of 2009 I was laid off with this same employer and filed unemployment.
My claim was accepted but I received notice that since I volunteerly quit my employer from 2006 to 2008 and because the temp agency said that I didn't contact them after the 90 days even though I accepted a full time position with the company they referred me to.
I am being told I only qualify for the short time I worked full time for the company that laid me off.
Is this right?????

Hi John,

Probably so. Colorado and Wisconsin remove or cancel the wage credits in your base period if the separation from that employer is disqualifying.

This is quite a bit different from other states that may reduce benefits and may require you to return to work after a voluntary quit without good cause and earn a specified amount times your weekly benefits amount.

If I were
you .. I would appeal the both determinations .. the temp agency and the job you were going to be laid off from. I have hope for the temp agency appeal because even though it is required for a person to contact a temp agency for further work after a temp assignment ends to avoid the appearance of having voluntarily quit .. I don't understand how that would work if you became a permanent employee of a client of a temp agency from which you had a qualifying separation.

The job you quit prior to the lay off is another problem. Colorado has a lot of provisions, but unless you were a construction worker .. it's doubtful you can get that determination reversed.

Colorado has approximately a 20 percent recipiency rate for unemployment. This is one of the lowest in the nation.

Here's some links that I use frequently.

Nonmonetary Eligibility Read between the tables for additional state provisions.

The Colorado UI Reference Library There is also a link to the statutes on this page. If you read under "Quit to seek or accept other work" you'll see why quitting before a layoff in order to act like a responsible grown up and avoid a break in wages isn't always a wise idea .. unless you're a construction worker.

There's also statutes and discussion about Temporary work.

I'd really like to hear some comments about this.

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May 30, 2010
Temp to hire postion
by: Looking for work

What happens if you accept a temp to hire position and then after the temp to hire period is over the company does not extend a permanent position? Can you re-open, reactivate claim for unemployment?


Nothing prevents you from reopening a current claim if you are currently not working or become underemployed (hours changed to part-time).

It is the details surrounding the end of a temp assignment or most recent job that determine whether you get the benefits back or not.

Temp to hire, at least to me, basically, just means a temp job with potential for becoming permanent. I doubt you will find anything written which promises a regular job will come of it.

If you took the job through a temp agency .. you are still the employee of the agency .. and the temp to hire job which didn't pan out would be considered employment for the agency.

May 12, 2009
Colorado Unemployment
by: Chris - webmaster:)

I wish you good luck. I don't know if your angle will work, but you don't know unless you try.

There was a decision issued in Colorado .. It's the "Trujillo" decision. It basically found good cause for a claimant's late appeal because the claimant's attorney is the one who screwed up.

Cost control companies now use the decision all the time to overcome "late" claim response and appeal issues. Ahhh. The value of good research.

May 11, 2009

by: Anonymous

No! Just a welder. I wasn't sure if I could fight the issue that I did "construct" and "build" things! I haven't gotten the appeal letter back but I did appeal both matters. I will let you know how it turned out.

May 09, 2009
Construction worker????
by: Anonymous

Do you know if a welder would be classified as a "construction" worker in the state of CO? Also, my last work day was August 29th and the "termination day" given was October 10th. This is over the 30 days written in the CO library, so if you miss it by a week this will disqualify you??? The company announced the the lay off in early August.

Were you a welder for a construction company?

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