CDLE banner image
 
ICAO - Menu  

Unemployment Insurance

Web Library Topic - Construction Workers

 

Statute

§ 8‑73-108(4)(f), C.R.S. 2005

(f)(I) Due to the particular nature of the building and construction industry, construction workers who quit a construction job to accept a different construction job in any of the following circumstances:

(A) Quitting within thirty days immediately prior to the established termination date of the job quit; and at the time of quitting, the construction worker had been offered and had accepted another construction job and the specific starting date of the new job was within thirty days from the date of quitting the prior job; and the new job offered employment for a longer period of time than remained available on the job quit unless the new job was terminated by a contract cancellation; or

(B) Unsatisfactory working conditions with respect to the distance of his work from his residence when so determined by the division; or

(C) Quitting a construction job that is outside the state of Colorado in order to accept a construction job within the state of Colorado, if such construction worker has maintained a residence in this state; or

(D) Leaving a job to comply with a condition of an apprenticeship assignment of an employer, which condition was imposed to meet the conditions of a joint apprenticeship or other apprenticeship program which is in accordance with requirements for programs registered with the federal government; or

(E) Quitting a job outside the worker's regular apprenticeable trade to return to work in his or her regular apprenticeable trade. For purposes of this paragraph (f), a “regular apprenticeable trade” is a skilled trade or occupation in the construction industry in which, by longstanding and recognized practice of a significant segment of the industry, a worker generally must complete a period of apprenticeship or training pursuant to a joint apprenticeship or other apprenticeship program which is in accordance with requirements for programs registered with the federal government. A worker may have more than one regular apprenticeable trade.

(II) If the provisions of either sub-subparagraph (A), (B), (C), (D), or (E) of subparagraph (I) of this paragraph (f) are met, any benefits normally chargeable to the employer for whom the employee worked immediately prior to accepting the new job will be charged to the fund. Benefits shall not be awarded pursuant to this paragraph (f) unless the worker has subsequently separated from the new job under conditions which would result in a full award under this subsection (4).

Cases

Getts v. Industrial Claim Appeals Office, 804 P.2d 282 (Colo. App. 1990)

§ 8-73-108(4)(f) does not violate equal protection guarantees under the constitution.

Baldwin v. Industrial Claim Appeals Office, 813 P.2d 807 (Colo. App. 1991)

Upholds Getts and the determination that § 8-73-108(4)(f) does not violate equal protection guarantees under the constitution.

 



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


 
All Applicable Rights Reserved, Copyright 2004 Colorado Department of Labor and Employment