Unemployment Insurance Benefits Appeal — Colorado

Unemployment Insurance Benefits Appeal (Colorado)

This template provides a complete appeal package for Colorado unemployment insurance determinations: (A) a Notice of Appeal from an initial Notice of Determination to the CDLE Appeals Section / Hearing Officer; (B) a pre-hearing brief or position statement; (C) a hearing preparation checklist; (D) an appeal of the Hearing Officer's Decision to the Industrial Claim Appeals Office (ICAO); and (E) a petition for judicial review by the Colorado Court of Appeals under C.R.S. § 8-74-107.

Colorado Procedure. Colorado UI appeals proceed in three administrative stages followed by direct judicial review in the Court of Appeals: (1) CDLE Hearing Officer (de novo telephonic hearing); (2) ICAO panel (record review only); (3) Colorado Court of Appeals under C.A.R. 3.1. Each stage has a strict 20-calendar-day deadline measured from the date of mailing of the prior decision.

Quick-Reference Summary

Part A — Notice of Appeal (Initial Determination → Hearing Officer)

STATE OF COLORADO
DEPARTMENT OF LABOR AND EMPLOYMENT
DIVISION OF UNEMPLOYMENT INSURANCE — APPEALS SECTION

Date: [__/__/____]

To:

Unemployment Appeals Section
PO Box 8988
Denver, CO 80201-8988
Fax: 303-318-9248
(Online filing preferred via MyUI+ or MyUI Employer+)

RE: Notice of Appeal from Notice of Determination Pursuant to C.R.S. § 8-74-102

Statement of Appeal

I, the undersigned, pursuant to C.R.S. § 8-74-102 and 7 Colo. Code Regs. § 1101-2, hereby APPEAL the Notice of Determination identified above and respectfully request a de novo hearing before a CDLE Hearing Officer. This appeal is filed within twenty (20) calendar days of the mailing date of the determination.

Grounds for Appeal (brief statement; detailed argument may be submitted later)

I disagree with the Determination because:

• ☐ The factual findings are incorrect — specifically: [________________________________]
• ☐ The separation was not a voluntary quit; I was discharged
• ☐ I quit with good cause attributable to the employer under C.R.S. § 8-73-108(4)(b) — unsafe conditions / unpaid wages / harassment / substantial change in terms
• ☐ The discharge was not for disqualifying misconduct under C.R.S. § 8-73-108(5); the conduct was minor, inadvertent, or beyond my control
• ☐ I was able and available for work and actively seeking work under C.R.S. § 8-73-107
• ☐ Wage credits were miscalculated
• ☐ I did not receive proper notice / hearing
• ☐ Other: [________________________________]

Hearing Logistics

I will continue to certify for benefits weekly through MyUI+ during the pendency of this appeal to preserve any right to back-pay if the appeal is sustained.

Verification. I declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct.

Dated: [__/__/____]

Signature: [________________________________]
[Print Name]

Part B — Pre-Hearing Brief / Position Statement

STATE OF COLORADO — CDLE — APPEALS SECTION

In re Appeal of [Claimant Name]
Docket No.: [____________]
Hearing Date / Time: [__/__/____] at [____] AM/PM (MT)

POSITION STATEMENT AND PRE-HEARING BRIEF OF [☐ CLAIMANT ☐ EMPLOYER]

I. Introduction. This is an appeal from a Notice of Determination dated [__/__/____] holding that [summarize ruling]. Appellant requests reversal because the record will demonstrate [one-sentence theory of case].

II. Statement of Facts.

III. Issues Presented.

• ☐ Whether the separation was a voluntary quit without good cause under C.R.S. § 8-73-108(4) or a discharge.
• ☐ If a discharge, whether it was for "disqualifying" misconduct under C.R.S. § 8-73-108(5)(e).
• ☐ Whether good cause attributable to the employer under C.R.S. § 8-73-108(4)(b) applies.
• ☐ Whether claimant was able and available for work under C.R.S. § 8-73-107(1)(c).
• ☐ Other: [________________]

IV. Legal Standard.

Discharge cases. Where the separation is a discharge, the employer bears the burden of proving disqualifying conduct. Gonzales v. ICAO, 740 P.2d 999 (Colo. 1987). Mere unsatisfactory performance is not misconduct; the act must be a "volitional act," not mere negligence or incapacity. C.R.S. § 8-73-108(5)(e)(XX); Goodwill Indus. v. ICAO, 862 P.2d 1042 (Colo. App. 1993).

Voluntary quit cases. Where the claimant resigned, the claimant must establish good cause attributable to the employer — a reason that would compel a reasonable employee in similar circumstances to leave. C.R.S. § 8-73-108(4)(b)(IV) (unsafe working conditions), (VI) (substantial change in working conditions), (XI) (constructive discharge); Salida Sch. Dist. R-32-J v. Morrison, 732 P.2d 1160 (Colo. 1987).

Misconduct standard. Misconduct requires a volitional act, omission, or course of conduct showing disregard of the employer's interest. C.R.S. § 8-73-108(5)(e); Sims v. ICAO, 797 P.2d 777 (Colo. App. 1990).

V. Argument.

[Develop facts and law point-by-point. Address each statutory disqualification factor; explain how the evidence supports the claimant's / employer's position.]

[________________________________
________________________________
________________________________]

VI. Conclusion / Relief Requested. Appellant respectfully requests that the Hearing Officer reverse (or affirm, as applicable) the Notice of Determination and award (or deny) benefits effective [__/__/____].

Dated: [__/__/____]

[________________________________]
[Name; if attorney, Colo. Atty. Reg. No. ____________]
[Firm / address / phone / email]

Exhibit List

Witness List

Part C — Hearing Preparation Checklist

Pre-Hearing (1–2 weeks out)

• ☐ Calendar the 20-calendar-day appeal deadline from the Notice of Determination (C.R.S. § 8-74-102)
• ☐ Confirm receipt of Notice of Hearing; note Docket No., Hearing Officer name, date, time
• ☐ Verify primary call-in phone number is correct in MyUI+ profile
• ☐ Identify and confirm availability of all witnesses (subpoenas via 7 CCR 1101-2 if hostile)
• ☐ Compile exhibit binder; number and Bates-stamp pages
• ☐ Continue weekly benefit certifications via MyUI+

24–48 Hours Before Hearing

• ☐ Mail / fax / email exhibit binder to Hearing Officer AND opposing party (24 hours minimum)
• ☐ Submit Pre-Hearing Brief (Part B)
• ☐ Outline direct examination of own witnesses
• ☐ Outline cross-examination of opposing witnesses
• ☐ Prepare opening statement (1–2 minutes)
• ☐ Prepare closing argument outline
• ☐ Test phone in quiet location with good reception
• ☐ Charge phone; have backup landline available

Day of Hearing

• ☐ Have CDLE phone number and docket number written down
• ☐ Be ready 15 minutes before scheduled time
• ☐ Have ALL exhibits in front of you (numbered tabs)
• ☐ Pen and paper for notes
• ☐ Witnesses standing by; remind them to answer truthfully and concisely
• ☐ Speak clearly, do not interrupt
• ☐ Object on the record if needed: "I object — [hearsay / not relevant / lack of foundation]"

Substantive Reminders

• ☐ Identify each exhibit before offering: "I'd like to offer Exhibit 1, the offer letter dated [date]."
• ☐ For DISCHARGE cases (employer's burden): Did employer have a specific, written rule? Was claimant on notice? Was the violation volitional?
• ☐ For VOLUNTARY QUIT cases (claimant's burden): Did claimant complain in writing before quitting? Did the employer fail to remedy? Did claimant mitigate by seeking transfer/accommodation?
• ☐ Address mitigation and weekly job-search efforts (C.R.S. § 8-73-107)
• ☐ Reserve closing statement until after all evidence

Part D — Appeal to Industrial Claim Appeals Office (ICAO)

D.1 — Petition to Review (Notice of Appeal to ICAO)

STATE OF COLORADO
INDUSTRIAL CLAIM APPEALS OFFICE — UNEMPLOYMENT INSURANCE CASES

Date: [__/__/____]

To:
Industrial Claim Appeals Office: Unemployment Insurance Cases
PO Box 18291, Denver, CO 80218-0291
Fax: 303-318-8139 | Email: [email protected]

RE: Petition to Review the Hearing Officer's Decision Pursuant to C.R.S. § 8-74-104

Petitioner, pursuant to C.R.S. § 8-74-104 and 7 Colo. Code Regs. § 1101-2:11, respectfully PETITIONS the Industrial Claim Appeals Office Panel to review the Hearing Officer's Decision identified above and to AFFIRM / REVERSE / MODIFY / SET ASIDE that Decision.

This Petition is filed within twenty (20) calendar days after the date of mailing of the Hearing Officer's Decision as required by C.R.S. § 8-74-104(1).

D.2 — Grounds for Review (preliminary statement; full brief to follow)

• ☐ The Hearing Officer's findings of fact are NOT supported by substantial evidence in the record
• ☐ The Hearing Officer misapplied C.R.S. § 8-73-108 to the facts found
• ☐ The Hearing Officer admitted/excluded evidence in violation of due process
• ☐ The Hearing Officer failed to make findings on a material issue
• ☐ The Hearing Officer's credibility determinations are inconsistent with undisputed documentary evidence
• ☐ The Hearing Officer denied a continuance / cross-examination right
• ☐ Other: [________________________________]

D.3 — Transcript Request (optional)

• ☐ Petitioner requests a written transcript and encloses the estimated cost of $[__________] (check or money order payable to "ICAO") per 7 CCR 1101-2:11.2.15.2
• ☐ Petitioner requests a transcript fee waiver based on ☐ indigence ☐ disability; supporting documentation enclosed
• ☐ Petitioner will rely on the audio recording of the hearing (no transcript)

D.4 — Written Statement / Brief in Support

[Develop arguments: (i) findings unsupported by substantial evidence — cite record pages or audio time-stamps; (ii) errors of law — analyze applicable Colorado statutes and case law; (iii) due process / procedural errors. The ICAO will issue a "Notice of Appeal and Opportunity to File Additional Argument" after receiving the appeal; a fuller brief is filed in response to that notice.]

[________________________________
________________________________
________________________________]

Conclusion. Petitioner respectfully requests that the ICAO Panel issue an order REVERSING / MODIFYING / SETTING ASIDE the Hearing Officer's Decision and AWARDING / DENYING unemployment insurance benefits effective [__/__/____].

Dated: [__/__/____]

Signature: [________________________________]
[Print Name; if attorney, Colo. Atty. Reg. No. ____________]
[Address, phone, email]

Standard of Review at the ICAO

Part E — Judicial Review by the Colorado Court of Appeals

E.1 — Notice of Appeal to Colorado Court of Appeals

COURT OF APPEALS, STATE OF COLORADO
Ralph L. Carr Judicial Center, 2 East 14th Avenue, Denver, CO 80203

Court of Appeals No.: [________]
ICAO No.: [________]
CDLE Docket No.: [________]

NOTICE OF APPEAL UNDER C.R.S. § 8-74-107 AND C.A.R. 3.1

Petitioner-Appellant [Name], pursuant to C.R.S. § 8-74-107 and Colorado Appellate Rules 3.1 and 4(d), hereby gives Notice of Appeal from the Final Order of the Industrial Claim Appeals Office dated [__/__/____] in Case No. [________].

1. Parties.

2. Order Appealed From. Final Order of the Industrial Claim Appeals Office dated [__/__/____], in ICAO No. [________].

3. Jurisdiction. This Court has jurisdiction under C.R.S. § 8-74-107(2), which provides for direct review of ICAO orders in unemployment insurance cases by the Colorado Court of Appeals.

4. Timeliness. This Notice of Appeal is filed within the time prescribed by the ICAO order and C.A.R. 3.1.

5. Designation of Record. Petitioner designates the entire record of proceedings before CDLE Appeals and the ICAO, including the audio recording of the Hearing Officer hearing, all exhibits, and all written submissions.

6. Statement of Issues on Appeal (preliminary).

• ☐ Whether the ICAO's affirmance of the Hearing Officer's findings is supported by substantial evidence
• ☐ Whether the ICAO erred as a matter of law in interpreting C.R.S. § 8-73-108
• ☐ Whether the proceedings denied Petitioner due process
• ☐ Other: [________________________________]

7. Relief Sought. Petitioner-Appellant respectfully requests that this Court SET ASIDE the ICAO order and either REMAND for further proceedings consistent with the Court's opinion or REVERSE with directions to AWARD / DENY benefits.

Dated: [__/__/____]

[________________________________]
[Counsel; Colo. Atty. Reg. No. ____________]
[Firm / address / phone / email]

E.2 — Standard of Review (Court of Appeals)

E.3 — Further Review

Sources and References

• Colorado Employment Security Act (C.R.S. Title 8, Articles 70–82): https://leg.colorado.gov/colorado-revised-statutes
• C.R.S. § 8-74-104 (ICAO Review): https://codes.findlaw.com/co/title-8-labor-and-industry/co-rev-st-sect-8-74-104/
• C.R.S. § 8-74-107 (Judicial Review): https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-08.pdf
• CDLE Appeals — Appeal a Hearing Officer's Decision: https://cdle.colorado.gov/unemployment/appeals/appeal-a-hearing-officers-decision
• CDLE Appeals FAQs: https://cdle.colorado.gov/unemployment/appeals/appeals-faqs
• Industrial Claim Appeals Office: https://cdle.colorado.gov/icaowc
• MyUI+ Claimant Portal: https://myui.clouduim.cdle.state.co.us/Claimant/Core/Login.ASPX
• MyUI Employer+: https://cdle.colorado.gov/employers/myui-employer-plus
• 7 Colo. Code Regs. § 1101-2 (Appeal Regulations): https://www.sos.state.co.us/CCR/Welcome.do
• Colorado Court of Appeals: https://www.coloradojudicial.gov/courts/court-of-appeals
• Colorado Appellate Rules: https://www.coloradojudicial.gov/rules
• Transcript Fee Waiver Application: https://cdle.colorado.gov/sites/cdle/files/APPLICATION%20FOR%20TRANSCRIPT%20FEE%20WAIVER1_2.pdf