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.
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.
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