Unemployment Insurance

Web Library Topic - Incarceration

Statute

§ 8‑73‑108(5)(e)(X), C.R.S. 2005

(5)(e) Subject to the maximum reduction consistent with federal law, and insofar as consistent with interstate agreements, if a separation from employment occurs for any of the following reasons, the employer from whom such separation occurred shall not be charged for benefits which are attributable to such employment and, because any payment of benefits which are attributable to such employment out of the fund as defined in section 8-70-103 (13) shall be deemed to have an adverse effect on such employer's account in such fund, no payment of such benefits shall be made from such fund:

(X) Incarceration after conviction of a violation of any law, or loss of license, certification, credential, condition, or other professional designation that is essential to job performance.

Case

Smith v. Industrial Claim Appeals Office, 817 P.2d 635 (Colo. App. 1991)

When a claimant is incarcerated due to his or her own actions and thus prevented from working, the employer does not have an obligation to participate in a work release program in order to maintain the claimant's employment.

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