How do I appeal an unemployment insurance denial in Colorado?
1. Agency. The Colorado Department of Labor and Employment (CDLE), Division of Unemployment Insurance, administers UI under the Colorado Employment Security Act (C.R.S. § 8-70-101 et seq.).
2. Common Disqualifications. Voluntary quit without good cause (C.R.S. § 8-73-108(4)), discharge with full or partial responsibility for separation (§ 8-73-108(5)), refusal of suitable work (§ 8-73-108(4)(b)(II)), not able and available (§ 8-73-107), or receipt of severance.
3. Determination Notice. CDLE mails a Notice of Decision through MyUI+ stating the reason for the disqualification and appeal rights.
4. Appeal Deadline. 20 calendar days from the mailing date of the deputy's decision (C.R.S. § 8-74-104). Late appeals require good cause.
5. Filing the Appeal. File through MyUI+ online, by mail to the Appeals Section, by fax, or in person.
6. First-Level Hearing. The Division of Hearings (CDLE) conducts a telephonic de novo hearing before a Hearing Officer (C.R.S. § 8-74-106). Both parties testify under oath, submit documents, and cross-examine.
7. Burden of Proof. Employer bears the burden on discharge issues; claimant bears the burden on good-cause voluntary quit.
8. Decision. The Hearing Officer issues a written decision typically within 30 days.
9. Second-Level Administrative Appeal. Appeal to the Industrial Claim Appeals Office (ICAO) within 20 days (C.R.S. § 8-74-104(2)); review is on the record.
10. Judicial Review. Appeal to the Colorado Court of Appeals within 21 days under C.R.S. § 8-74-107 and § 24-4-106(11); review is on the substantial-evidence standard.
11. Continued Filing. Continue weekly certifications through MyUI+ during the appeal to preserve back pay.
12. Overpayment. If you lose, CDLE issues an overpayment notice; non-fault waiver is narrowly available (C.R.S. § 8-81-101); fraud overpayments carry a 65% penalty.
This is legal information, not legal advice.
- CDLE alleges fraud overpayment with 65% penalty
- Employer is represented at the Hearing Officer level
- Your separation overlaps with a CADA discrimination claim
- C.R.S. § 8-73-108
- C.R.S. § 8-74-104
- C.R.S. § 8-74-106
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.