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Taylor
Taylor, Attorney
Category: Employment Law
Satisfied Customers: 218
Experience:  Attorney
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I had two jobs, at one time. Then I was off the 1st one and

Customer Question

I had two jobs, at one time. Then I was laid off the 1st one and received unemployment for 6 months , now they are demanding that i return everything since i was still working the 2nd job. 1st job was 5000 per month 2nd is 1700 per month. can they do that
Submitted: 3 months ago.
Category: Employment Law
Expert:  Taylor replied 3 months ago.

Hi my name is ***** ***** I would be happy to help.

Expert:  Taylor replied 3 months ago.

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?

Expert:  Taylor replied 3 months ago.

let me know if you have any further questions. if you are satisfied with my answer i would greatly appreciate a positive rating! im sorry if that is not the answer you were looking for!

Customer: replied 3 months ago.

Not really, since 2nd job is part time and first job was full time plus the difference in pay was significant

Expert:  Taylor replied 3 months ago.

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?

Customer: replied 3 months ago.

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

Expert:  Taylor replied 3 months ago.

If you are employed, you are unable to receive unemployment. I will send you the rule

Expert:  Taylor replied 3 months ago.

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.

Expert:  Taylor replied 3 months ago.

do you have any further questions?

Customer: replied 3 months ago.

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

Expert:  Taylor replied 3 months ago.

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?

Expert:  Taylor replied 3 months ago.

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).

Expert:  Taylor replied 3 months ago.

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.

Expert:  Taylor replied 3 months ago.

do you have any further questions? when you are satisfied i would greatly appreciate a positive rating! it does not cost you anything more and it is the only way i am compensated by JA! thanks for using JA and let me know if there is anything else i can help you with!

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