Unemployment Insurance

Web Library Topic - Quit to Marry

Statute

§ 8‑73‑108(5)(e)(III), 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:

(III) Quitting to marry, irrespective of whether or not such marriage occurs subsequent to the separation from employment.

Cases

Cottrell Clothing Co. v. Teets, 139 Colo. 567, 342 P.2d 1021 (1959)

The claimant here quit work to get married, and was granted a reduced award of benefits.  The issues and arguments presented were identical to those of the following case, Cottrell Clothing Co. v. Teets, 139 Colo. 558, 342 P.2d 1016 (1959), and the court affirmed for the same reasons.

Cottrell Clothing Co. v. Teets, 139 Colo. 558, 342 P.2d 1016 (1959)

The claimant was fired for misconduct and was awarded benefits, although under the statute, the benefits were reduced.   The employer challenged the constitutionality of the statute by which the unemployment compensation fund was funded by employer contributions, and the statute which allowed a claimant who had been fired for misconduct to receive benefits.  The court affirmed the reduced award, holding that the legislature was within its power to enact a law authorizing payments to unemployed persons, and to levy a tax on employers to defray the cost of such payments.  The court also held that it was within the legislature's power to decide how and under what conditions those benefits are awarded.

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