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We have a question over unemployment claim being filed by a…

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We have a question over unemployment claim being filed by a former employee who was fired in Colorado. We have 24 hours to answer the unemployment agency and have a few questions for a lawyer, before we submit our information to them.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

I am the office manager and I am sitting with the owner, as we are the employer of this former employee. We are a small business of only 6 employees so we do not have an HR department per say.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At Will, the job is commission based on services

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We want to know if the claim is approved (which we hope it is not since it is untruthful), how it will affect our unemployment business insurance? Also we are getting ready to start the process of selling the business, will this impact selling or transfer to the new owner?

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Answered in 5 minutes by:
3/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 1 month ago
Sounds great. We will be waiting. Thank you

Thanks so much!

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Thanks again for your patience. So, as you probably know, employers are required to pay into CO's unemployment trust fund to help cover the cost of unemployment insurance. When a worker leaves and is approved for benefits, your unemployment payments increase. How much it will increase will depend on how much this employee that has been terminated will use and how short you are. It is possible that what you've paid into is more than enough to keep you above the minimum amount so it may not change, but you would have to contact the CO Dept. of Labor to find out for certain what your balance is and if this claim will force it to go up if it is approved.

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Customer reply replied 1 month ago
Thank you for the information.

You bet!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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