Unemployment Insurance

Web Library Topic - Refusal of Suitable Work

Statutes

§ 8‑73‑108(4)(n), C.R.S. 2005

(4) An individual separated from a job shall be given a full award of benefits if any of the following reasons and pertinent conditions related thereto are determined by the division to have existed. The determination of whether or not the separation from employment shall result in a full award of benefits shall be the responsibility of the division. The following reasons shall be considered, along with any other factors that may be pertinent to such determination:

(n) Quitting employment under conditions which would not have resulted in a denial of benefits under the provisions of paragraph (b) of subsection (5) of this section;

§ 8‑73‑108(5)(a), C.R.S. 2005

An individual who refuses to accept suitable work or refuses a referral to suitable work shall be disqualified from receiving benefits for a period of twenty weeks beginning with the week in which the refusal occurred, and his total benefits shall be reduced by an amount equal to the number of weeks of disqualification multiplied by his weekly benefit amount. The determination of whether or not an individual has refused to accept suitable work or refused to accept a referral to suitable work shall be the responsibility of the division.

§ 8‑73‑108(5)(b), C.R.S. 2005

The refusal of suitable work or refusal of referral to suitable work at any time after the last separation from employment that occurred prior to the time of filing the initial claim shall be considered in determining the direct and proximate cause of the separation. In determining whether or not any work is suitable for an individual, the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing work in his customary occupation, and the distance of the available local work from his residence shall be considered. Notwithstanding any other provisions of articles 70 to 82 of this title, no work shall be deemed suitable and benefits shall not be denied under articles 70 to 82 of this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(I) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(II) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

(III) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

Cases

Industrial Commission v. Lazar, 111 Colo. 69, 137 P.2d 405 (1943)

The distance of the work from the claimant’s residence is a relevant consideration in assessing whether work was "suitable."

Bayly Mfg. Co. v. Department of Employment, 395 P.2d 216, 155 Colo. 433 (Colo. 1964)

Claimants are entitled to a reasonable period in which to compete for a permanent job commensurate with their skill level and prior earnings, but jobs which are unsuitable at the inception of the unemployment may become suitable given the length of unemployment and prospects for obtaining customary work at the prior earning level.

Toston v. Industrial Commission, 160 Colo. 281, 417 P.2d 1 (1966)

A claimant is entitled to a reasonable period in which to compete for a job at a pay rate commensurate with his or her prior earnings.

Industrial Commission v. Zavatta, 166 Colo. 365, 443 P.2d 982 (1968)

Work at a substantially lower wage should not be deemed suitable unless a claimant has been give a reasonable period in which to compete for such positions.  However, in this case, an offered wage that was at most 5% lower was not a substantial difference.

Back to Top  |  Library Index  |  ICAO Home Page  |  CDLE Home Page