Unemployment Appeals

 

Colorado workers are entitled to unemployment compensation if they are separated from their job through no fault of their own. I am a compassionate, aggressive unemployment appeal attorney with a successful track record.  Without a Colorado unemployment appeal attorney who is knowledgeable about the Colorado unemployment compensation system, you stand to lose the money you deserve and paid into the system.


The time limit for filing an unemployment appeal is only twenty days from the date of mailing of the decision. You should not delay filing the appeal.

Call The Law Office of Warren J. Domangue for a free telephone consultation about your unemployment appeal at 720-495-7315.

Unemployment appeals representations are handled for a one-time fee of $650.00.

FREQUENTLY ASKED QUESTIONS ABOUT COLORADO UNEMPLOYMENT APPEALS:    

                                                     
Do I need a lawyer?

If you are represented by a Colorado unemployment appeals attorney at the appeal hearing, you stand a better chance of winning the appeal.  An unemployment appeals lawyer will be able to subpoena documents and witnesses that can help your case.  Your Colorado unemployment appeals lawyer would also have skills at examining witnesses during the hearing and cross examining any adverse witness. 

 

Questions asked during the hearing can be strategized prior to the hearing in order to call into question the employer's credibility and that of their witnesses.  Additionally, if you win the initial appeal, the employer may appeal that ruling, requiring a written response to the Industrial Claims Appeal Panel.  Win or lose at the initial hearing, you may wish to have a Colorado unemployment appeals attorney research, draft and submit the written appeal which would incorporate Colorado law into the brief.
 
I was recently fired and applied for unemployment compensation but the claim was denied. What should I do?

First, you must continue filing for weekly unemployment benefits on the CUB line/system.  If you win the appeal, you will receive payment for all weeks in which you filed for weekly benefits.  Depending on the time frame involved, this amount could be substantial. 

Next, you should file an appeal and request a hearing immediately.  You have only 20 days from the date of mailing of the decision to request a hearing.  When you request the hearing, you should NOT provide excessive detail.  State your disagreement with their decision in general terms -- avoid lengthy explanations or discussions of law.  The purpose of the appeal letter is to request a hearing and explain ALL of the issues involved that will be discussed during the hearing. You MUST place the hearing officer and adverse party on notice as to what the issues are, otherwise, testimony on those issues may not be permitted.

I represented myself at the unemployment hearing and lost the decision. Would hiring an attorney help at this point?

Perhaps. The success of an unemployment appeal at this stage depends on the basis for the decision, the factual information found by the hearing officer and the law on which that decision was made. A written brief must be filed with the Industrial Claims Office which will be reviewed by a panel of judges. The appeal brief must incorporate legal authority that supports your contention that the hearing officer made the wrong decision. Call for a free telephone consultation at 720-495-7315 to further discuss this option. 

What happens if I win at the hearing but my former employer appeals the decision?

It is likely that, regardless of which party prevails, the other party will appeal. So, if you win your unemployment appeal, the employer may appeal that decision. An appeal of the hearing officer's decision must occur within 20 days of the date of mailing of the decision.

What if my former employer doesn't show up for the hearing?

Occasionally, the employer may not appear at the unemployment hearing. If the appealing party fails to appear at the hearing and had not requested a postponement of the hearing, the hearing officer may dismiss the appeal. Even though the employer does not appear, you still have not won by default. The hearing officer will likely ask questions related to your job separation. In this case, there is no rebuttal available from the opposing side. You may win your appeal as long as you have provided, through your testimony, enough information that disputes the employer's appeal and establishes a qualification for an award of benefits.

 

The employer may even request another hearing date, but only upon a showing of "good cause" can a non-appearing party be excused and have a new hearing date set (for example, a last-minute emergency situation arose that prevented them from appearing at the hearing). So, if this happens to you, while you may win the appeal hearing the employer can still submit a request for a new hearing if they can show "good cause."


Can I call witnesses to testify?

Yes, you may call any witness who can testify as to the facts surrounding your termination. Generally, witnesses who can only provide testimony about events and situations not directly related to the reason for your separation from employment will not be heard. Testimony about your general character, your work history, your past work performance, etc. will typically be deemed irrelevant and the testimony of those witnesses will not be allowed.

Can I subpoena documents from my former employer?

Yes, you may subpoena any document(s) you believe may support your case, provided they relate directly to the circumstances surrounding your separation from employment. Your employer must provide any documents subpoenaed or they may face severe penalties.


If you feel you need representation at an unemployment appeals hearing, call The Law Office of Warren J Domangue at 720-495-7315 for a free telephone consultation.