Colorado Expands Notice Requirement for Unemployment Benefits Upon Termination

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When an employee leaves their position in Colorado for any reason, employers are required to provide notice of unemployment benefits. This notice requirement is now expanded to include specific provisions. Colorado recently passed legislation requiring employers in the state to provide each employee notice in writing regarding the potential availability of unemployment benefits. Senate Bill 22-234 was passed on May 25 and became effective immediately. What do employers need to know about the new law?

Written Notice Requirements

Section 5 of the Act describes an employer’s expanded notice requirements. At the time of separation from employment, the employer must provide each employee, in writing, information on the availability of unemployment compensation benefits. The written information must also include:

  • Employer’s name and address;
  • Employee’s name and address;
  • Employee’s ID number or the last four digits of their SSN;
  • Employee’s first and last dates worked, year-to-date earnings, and wages for the last week worked; and
  • Reason for separation.

The notice requirements appear to apply to both voluntary and involuntary terminations, as the notice information must include the reason for separation.

What You Should Do to Prepare

We anticipate the state will provide a form for giving notice to separated employees and will include the above criteria. For now, you should review your separation procedures and ensure you are providing the above information in writing either in hard copy or electronic form.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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