Reasons You Can Draw Unemployment

Denver Unemployment Benefits and Appeals Lawyer

unemployment benefits in coloradoUnemployment often has devastating consequences for individuals and families. Each state offers benefits to those who are unemployed through no fault of their own, and Colorado is no exception. These benefits aim to help those who find themselves without work stay on their feet until another job comes along. Unfortunately, not all who are unemployed are eligible to receive such benefits. If you seek unemployment benefits in Colorado, it's important that you file for them correctly the first time to avoid a lengthy appeals process.

While not everyone is eligible for unemployment benefits, some who may be eligible may be discouraged to receive a denial letter from the Colorado Department of Labor and Employment . It's important to fight for the benefits you and your family depend upon for financial peace of mind. If you have recently become unemployed in Denver and need to file for unemployment benefits or seek to appeal a denial, attorney Nathan Davidovich can work with you to give your claim the best chance at success.

Who Qualifies for Unemployment Benefits?

A person who is unemployed must meet specific criteria to receive benefits. If you hope to collect unemployment compensation in Colorado, the Department of Labor and Employment requires you to:

  • Be unemployed through no fault of your own
  • Be physically capable of working, actively seeking employment, and available to work
  • Have earned a minimum of $2,500 during the "base period"

The "base period" in Colorado is the 12-month period before you lost your job. More specifically, this period consists of the last four out of the five most recent calendar quarters you worked before filing for unemployment.

Typical Reasons for Unemployment

Unemployment isn't always against the will of the employee. Most people become unemployed one of three ways:

  • Layoffs
  • Firing
  • Quitting

To qualify for unemployment, you must have become unemployed through no fault of your own . Those who are laid off or let go as part of a company downsizing meet this requirement. If you were fired, you aren't necessarily disqualified for unemployment benefits; you may still qualify depending on the reason you were fired.

For example, if you were fired for gross misconduct , such as stealing from your employer, you will not qualify for benefits. On the other hand, those who lacked the necessary skills to perform the job or weren't a fit at the company might still qualify.

Finally, if you quit your job, you won't be eligible for unemployment benefits unless you had a good reason to leave, or what is known as "good cause for quitting." You can typically satisfy the good cause requirement by leaving your job for the following reasons:

  • You had to move because you were a victim of domestic violence
  • You were being harassed by the employer or your coworkers, or your employer failed to stop harassment
  • You were exposed to hazardous working conditions
  • You suffered a medical condition which prevented you from being able to do your job

An unemployment benefits attorney in Denver can help you learn whether you meet the requirements to apply for benefits the first time.

Do I Need a Colorado Employment Lawyer?

Enduring a period of unemployment presents many stressors, especially when you provide for a family. Unemployment benefits are available to many who need it; however, it can take several weeks to start receiving compensation. While you may qualify for unemployment benefits, a mistake in your application can further lengthen the process. It's crucial to ensure your application for unemployment benefits is done correctly from the start so you can receive payments as soon as possible.

An attorney who helps those who are unemployed collect benefits can determine eligibility, particularly for those who were fired or voluntarily quit their jobs. If you were fired or quit your job, you must attend a hearing to determine your eligibility. An attorney can boost your case by:

  • Gathering witnesses to provide testimony at your hearing
  • Conducting a prehearing investigation and preparing witnesses

An attorney like Nathan Davidovich of the Davidovich Law Firm, LLC can help you present facts that will support your case for unemployment benefits and fight for your claim should it be improperly denied by the Colorado Department of Labor and Employment.

Appealing a Denial of Unemployment Benefits

If you have already received a denial letter from the department of labor and employment, your first step should be to speak with an attorney who handles unemployment appeals. Nathan Davidovich will be able to determine whether you are indeed eligible for benefits and whether the denial you received was in error.

An appeal for an unemployment benefits claim can lead to further hearings which aim to determine why you were denied. These proceedings might be your last chance to reverse the denial. Thus, you should retain an attorney to protect your interests.

Denver Unemployment Benefits Lawyer Fights for You

Your employer is required to pay into an unemployment insurance fund that provides for employees after a job loss. If you meet the requirements for unemployment benefits, you deserve to receive your share of that fund. Whether you are filing your first claim or hope to reverse a denial, an experienced unemployment lawyer in Denver can be a valuable asset.

Nathan Davidovich has over 55 years of experience defending workers' rights in Denver and can provide sound legal counsel for your case. Contact Nathan Davidovich to apply for unemployment benefits or discuss an appeal for your denied unemployment benefits claim. Call (303) 825-5529 or complete our contact form to get started.

Reasons You Can Draw Unemployment

Source: https://www.talk-law.com/unemployment-benefits-and-appeals/

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