Denver Colorado Unemployment Insurance Attorneys

Unemployment InsuranceDENVER AREA UNEMPLOYMENT INSURANCE ATTORNEYS PREPARE PAPERS AND WITNESSES NECESSARY FOR A SUCCESSFUL UNEMPLOYMENT HEARING AND REPRESENT YOU AT THE HEARING

Unemployment Insurance appeal attorney fees:

Call us to chat for free about how we might help you.  If you hire us, unemployment appeals are handled for an hourly fee of $200, but our fees are capped.  For $800 we take over the entire handling of your appeal and attend your appeal hearing by telephone.  For $950, we attend your hearing in person.  We write off any charges above that total.  For your fee, we cover as many client meetings as necessary, prepare all filings with the Department of Labor, conduct prehearing  investigation and witness preparation, obtain subpoenas of witnesses or records, and act as your legal representative at your hearing.

Some clients pay us to meet for an hour or hour and a half.  During that time we help word their appeals, tell them what they should do to prepare for their hearing, and give our own opinion what is good and bad in their case.  Then they feel prepared to represent themselves.  The charge for this is $250.

We do not charge for a preliminary phone discussion to help you assess whether to hire us.

Client Comments

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Get legal representation at the hearing officer stage.   The appeal hearing before the hearing officer is your only chance to present all your arguments, witnesses and evidence.  You don’t get another opportunity.  If you don’t have a lawyer for your hearing, you are endangering your claim.

We charge $600- $650 for appeals of hearing officer rulings to the Industrial Claims Appeals panel.  The appeals panel makes its decision on the basis of the evidence in the record previously submitted in the case.  The panel will not hear new evidence or arguments which could have been raised before the hearing officer.

Before you appeal the deputy’s decision, or respond to an appeal from the other side, you should have a lawyer.  What you say in your appeal documents must track the law.  Careless statements written in your appeal will hurt you at the hearing.  New facts or arguments, cannot be introduced for the first time at the hearing.  Evidence and requirements of proof are more like being in court than you might expect.  The law for appeals hearings says the rules of evidence shall conform, to the extent practicable, with those in civil cases in the district courts of Colorado.

Under many circumstances an employee who quits work may still qualify for benefits.  But never assume that you will qualify for unemployment if you quit.  Talk to a lawyer before you quit.

Talk to a lawyer before you write a letter explaining what happened at work, or apologizing.  These often backfire.  For example, one client wrote his supervisor to acknowledge he had made a mistake and ask for leniency.  To the unemployment hearing officer, this was an admission the employee  was at fault.

If you are an employer and do not want to pay the employee benefits, make sure your documentation supports denial of benefits when you terminate.  Most employers assume wrongly that just because they have the right to fire an employee, that means the employee does not get unemployment.

We Know the Issues Involved

It is not the hearing officer’s role to explain the Colorado Employment Security Act, or tell you about cases interpreting the Act.

You Must Prepare and Participate
If you are a claimant and the employer wins the appeal, your benefits will be stopped and you may be asked to repay benefits you already received.

The hearing officer’s decision is based only on evidence presented at the hearing. You must present and defend your position. You must know what facts are going to be important to the hearing officer based on the law.  Without a lawyer you will only be guessing.

We also protect against employer audits, repayment demands, or claims of fraud. Know your rights.  File on time.  Penalties are severe – up to 65% in addition to the claimed overpayment.

Read these topics from the Stutheit & Gartland  blog :

  • Unemployment fraud penalties

    Despite knowing that it is improper and unlawful, the Colorado Department of Labor’s Unemployment Insurance Integrity Benefit Payment Control section  continues to send citizens demands for repayment which include a 65% penalty for fraud.  This is outrageous. It is the Benefit Payment Control people who send out notices of overpayment and demands for repayment of […]

  • When Bosses Discriminate Against Pregnant Women

    “Two weeks after I returned from maternity leave to my job in Boston as a television-news producer, I found myself facing a demotion. My bosses were kind, even apologetic. The move did not affect my pay and did not reduce my hours. Simply put: The man they had placed in my position during my leave […]

  • Colorado Unemployment Overpayment Penalties

    Stutheit & Gartland help claimants fight against Colorado unemployment overpayment repayment demands. To be eligible for Colorado unemployment benefits for a particular week, the claimant’s earned wages must be less than her weekly benefit amount.  Claimants may work while receiving unemployment benefits and earn up to 25% of their weekly benefit amount without impacting their […]

  • Denver unemployment lawyer Brian Stutheit interviewed on NPR

    Colorado’s Division of Unemployment stresses collection of monies for alleged unemployment insurance overpayment and fraud. The Division does not play fair.  You need an attorney.  Unemployment lawyer Brian Stutheit was interviewed as a part of a Colorado Public Radio report on the State of Colorado’s push to make people repay unemployment benefits.  Mr. Stutheit speaks […]

  • Colorado Wage Claims – attorney fees

    In a decision announced July 2014 the Colorado Court of Appeals held that a prevailing employee (one who wins her wage claim) is presumptively entitled to attorney fees from the employer as part of the wage award under the Colorado Wage Claim Act (CWCA). The case is Lester v. The Career Building Academy. The Court […]

  • Unemployment law – appeal of hearing officer decision

    Appeals from hearing officer decisions go to the Industrial Claims Appeals Office. Two members of the Industrial Claims Appeals Panel will review the hearing record. The Panel consists of Administrative Law Judges. The Panel does NOT hold hearings in the cases it considers. Their review is restricted to the evidence that was presented to the […]

  • Wage Claims – legislative help

    Sen. Jessie Ulibarri and Rep. Jonathan Singer introduced SB 14-005 – Concerning Alternative Administrative Remedies for the Processing of Certain Wage Claims, and, in Connection Therewith, Amending the Provisions for Written Notices of a Wage Claim. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report. If the bill passes and becomes […]

  • Unemployment – involuntary resignation

    We often get questions such as this: “Recently my employer expressed concerns regarding my health and performance. I had the option of staying on with a strong chance of being dismissed anyway, or I could or take the “golden parachute” and resign with a severance and on good terms. The company stated they would not […]

  • Employee Rights Law – 1099 Contractor Not Being Paid

    As an independent contractor, you are agreeing to be paid “by the contract” and in doing so waive any typical protections or benefits an employee would enjoy, such as employer-paid workers’ compensation and unemployment insurance taxes; employer-shared social security contributions; unpaid but job-protected leave to care for sick family members Family Medical Leave Act, etc. […]

  • Unemployment appeals – what everybody should know

    Unemployment attorney Brian Stutheit has learned some basic lessons from his cases which everyone in the claims system should know. 1.  Claimants should always keep records.  Print your weekly claims.  If you speak to someone at the Colorado Department of Labor and Employment, get the person’s name and make a note what you discussed.  Our […]