Search This Site.

Employer Appealing My Unemployement Benefits in Colorado, was laid off from my full time job

In May of 2010 my company laid me off of my job, stating they were restructuring my department. They also encouraged us to apply for different positions in the company, even the position they laid me off of, but we were told in the meeting that the department was being "restructured" so that a new wage would be about half of what we were presently earning.


I decided to reapply for a part time job with the company instead in a different department and received the position. I then filed for unemployment since I was laid off of my full time position and my salary would have been significantly reduced if I stayed on full time. Both are valid reasons for unemployment in Colorado.

I filed my first claim last year and my company never appealed. That claim ran out and the state informed me I was eligible to file a second claim. I filed the second claim, and I was approved. However, my company has hired some outside company (Thomas and Thorngren) to appeal my claim. Their claim is that I still work with them part time.

My theory is that since I was laid off of my full time job it is irrelevant that I still work part time with the company, since this was about my pay being reduced with my full time position, and that I was laid off of my full time position. I do possess a letter from the company stating that the department was being restructured and that we should reapply for other positions. It does not state that our wages were being lowered. However, I can provide witnesses that would state that was the claim if necessary. Interestingly enough, I've talked with people who work the same position and the wages were never really lowered.

I'm wondering if they have any sort of case. I can provide additional details if necessary. Thank you for your help.

Nate W.




Hi Nate,

So, are you telling me that when you filed the new claim it was for regular benefits because Federal EUC extensions were turned off in CO .. or was it for a new tier of extended benefits?

FYI Thomas and Thorngren is a cost control company based out of TN.

Comments for Employer Appealing My Unemployement Benefits in Colorado, was laid off from my full time job

Average Rating starstarstarstarstar

Click here to add your own comments

Feb 08, 2012
Rating
starstarstarstarstar
50+ Women Returning to School because they chose should not be denied unemployment!
by: Brenda

50+ Women Returning to School because they chose should not be
denied unemployment!
50 + women returning to School should not be denied unemployment. Instead
they should be able to receive there benefits as a incentive to better
themselves and be more productive in society. They have finally realized
their calling and just need the opportunity to achieve it. It's call a
second chance. We gotten older and have a lot of more ailments but were not
dead and were not asking for a hand out just a help up. I understand there
should be stipulations rules and regulations but I don't agree with
denying us benefits all together. If we've worked all our lives and
maintain our integrity then we should be compensated for our success.
Yes Pell and Hope is good but that's just every quarter we could use or
unemployment every week and please believe school is like work. YOU EARN IT

Sep 12, 2011
Rating
starstarstarstarstar
Re:
by: NateW

I believe it was for regular benefits. I had already received extended benefits on my first claim, and unemployment told me that I had exhausted them but was eligible to file a second claim (maybe because I've worked there so long I was eligible to file two claims...I'm not sure, but I was taking the state's word for it). My weekly amount went down a bit since they used my last year working at my company to figure out my pay, when previously they took the last 3 years (or so) and took the highest two month periods and averaged that out.




Hi Nate,

I'm going to have to try to find a definitive answer for you .. because at the moment .. your question has me stumped.

I do believe, if the new benefit year took you to the next tier of extended benefits .. there would be no problem.

What is stumping me .. is if after completing one benefit year and then the CO unemployment rate didn't allow another tier of EB's .. will being partially unemployed, albeit continuous employment, allow you to establish a valid claim for regular benefits again.

Sorry, I'll try to find a definitive answer for you.

Chris

Click here to add your own comments

Return to Unemployment Benefits Questions.

} }