Unemployment denied. Should I Appeal?
At the first stage of an unemployment claim, the eligibility for benfits is decided by a clerk in the Division of Unemployment. The Division calls these clerks “deputies”. We see many clients who are denied benefits by the deputy first considering their claim, based on a determination that they “violated established job performance or other standards.” The deputies are often wrong in reaching that determination. They seem not to understand that simple failure to satisfy the employer, or to meet the employer’s demands somehow, is not legal grounds to deny you benefits. If you were trying your best, and the employer nevertheless did not like the result, you should appeal the determination which denies benefits.
Colorado unemployment law is that a terminated employee is entitled to benefits, unless the employee is “at fault” for the termination. Fault means the employee had the opportunity, training, experience and ability to do what was clearly expected, but failed to do so. Unemployment law calls this “volitional” failure to perform. Simply being unable to meet the bosses’ or job’s requirements, despite doing your best, should not disqualify a claimant for benefits.
Too many claims are being denied nowadays because the deputies at Unemployment find, without specific evidence what the policy was, that a person violated some “known company policy.” Don’t put up with being denied on such a vague basis. File a timely appeal.