Employment Law Questions? Ask an Employment Lawyer.
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They are right that you may have to pay back what they gave you since you were not technically unemployed. The requirements to receive unemployment in Colorado require that you are UNEMPLOYED and actively seeking work. Since you had a second job you were not technically unemployed. does that make sense?
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Not really, since 2nd job is part time and first job was full time plus the difference in pay was significant
Well since you were still employed with the part time job, you were never technically unemployed and thus never eligible to receive unemployment. IF you believe you deserve that money you can always appeal your denial. However, because you were still working it is very unlikely you could win that appeal. Just because you were making less money at the part time job is not a reason to get unemployment. Does that answer your question?
Unemployment claims are not limited to total unemployment anymore. I guess I need more clarification with Colorado law, can you send me a link to specific rule or statute you were referencing
If you are employed, you are unable to receive unemployment. I will send you the rule
Eligibility for Unemployment in Colorado
In Colorado, the Department of Labor and Employment handles unemployment benefits and determines eligibility on a case-by-case basis. Applicants must meet the following three eligibility requirements in order to collect unemployment benefits in Colorado:
• Your past earnings must meet certain minimum thresholds.
• You must be unemployed through no fault of your own, as defined by Colorado law.
• You must be able and available to work and actively seeking employment.
do you have any further questions?
If what you stated prior were to be correct then what is the following for
Colorado employment security act of 2015 8-73-107 Benefits for partial unemployment
I just stated the requirements for unemployment in Colorado. Benefits for partial unemployment are given if your hours are reduced. Were your hours reduced from full time to part time at the second job?
In order to qualify for benefits, you must have lost your job through no fault of your own (for example a layoff, reduction in hours, or reduction in pay not related to performance).
if your hours were reduced below 35 hours then you could be eligible. You may be eligible to collect partial benefits if you are working fewer than 32 hours per week. When you work, we can pay part of your weekly benefits, but you must have earned less than your weekly benefit amount. The law states that you can earn up to 25 percent of your weekly benefit amount and still be paid your full benefit payment. After that, we must reduce your benefit payment by one dollar for each dollar you earn. You will need to report your hours worked and gross earnings (pay before any withholdings, e.g., taxes or child support) information for each week when you request payment, so be sure to keep track of all of your hours and earnings for each week. Instead of waiting until you are paid, we require that you report the time and gross earnings when you request payment.
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