You can collect unemployment for being fired in Colorado as long as the termination wasn’t caused by misconduct. State law starts from the premise that anyone “unemployed through no fault of his own” deserves a full benefit award, and being let go for poor performance, being a bad fit, lacking the right skills, or making honest mistakes typically does not meet the legal definition of misconduct.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions Whether you get paid comes down to what your employer can prove about why you were fired.
Firings That Don’t Disqualify You
Colorado’s statute lists specific firing scenarios that produce a full benefit award with no penalty weeks and no reduction in payment. This is where most fired workers actually land:
- You were physically or mentally unable to perform the work, or you lacked the education or professional skills the job demanded.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- Your health, or the health of a spouse, civil union partner, or dependent child, forced you to leave after your employer’s medical leave was exhausted.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- You made mistakes that fall within the range of errors “normally made by workers engaging in the same or similar work.” The state also weighs how long you performed the job satisfactorily before the mistake.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- Your employer fired you without giving a reason to you or to the state.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
Companies fire people every day for being a bad fit, underperforming, or failing to meet benchmarks. None of that, on its own, is misconduct under Colorado law.
Misconduct That Triggers a 10-Week Deferral
When a firing does involve misconduct, benefits usually aren’t denied outright. The state defers them for 10 weeks and removes wages from that employer from your benefit calculation.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions The statute spells out what qualifies:
- Insubordination, meaning deliberately disobeying a reasonable instruction, refusing to maintain required licenses or certifications, or repeatedly agitating against workplace policies.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- Violating a rule that caused or risked serious harm, such as ignoring posted safety rules, mistreating patients, falsifying records, or removing company property without authorization.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- Using or distributing controlled substances or alcohol on the job, or testing positive for controlled substances or a blood alcohol level of 0.04% or higher during a test conducted under a written employer policy or legal requirement.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- Off-duty drug or alcohol use to a degree that interferes with your job performance.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
- Excessive tardiness, sleeping on the job, or repeatedly failing to meet defined standards, unless the failure traces to factors outside your control like a health condition.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
Ten weeks of deferral hurts, but it isn’t the end of your claim. Once those weeks pass, you can begin collecting whatever benefits remain based on wages from other qualifying employers in your base period. There is one partial exception for drug and alcohol cases: if you admit to an addiction, provide a physician’s statement, and begin an approved treatment program, the state may still award benefits.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
Gross Misconduct and the 26-Week Disqualification
The harshest penalty is reserved for gross misconduct, which carries a 26-week disqualification and an equal reduction in the total amount you can receive. Gross misconduct means behavior reckless or intentional enough to demonstrate wrongful intent. The statute specifically lists assaulting or threatening to assault supervisors, coworkers, or anyone at the work site, and it captures negligence severe enough or repeated enough to show culpability.1Justia. Colorado Code 8-73-108 – Benefit Awards – Definitions
Because a standard Colorado unemployment claim lasts up to 26 weeks, a gross misconduct finding effectively wipes out your entire benefit eligibility for that claim. It’s a much less common finding than the 10-week deferral, but it happens when the conduct is extreme enough that the state treats it as the direct cause of the job loss.
You Still Have to Meet the Basic Requirements
Before the state looks at why you were fired, you have to clear the monetary threshold. The Colorado Department of Labor and Employment checks whether you earned at least $2,500 in wages during your base period, which covers the first four of the last five completed calendar quarters before you filed. If you recently started working or had a gap and fall short under that standard calculation, you can request an alternative base period that uses the last four completed quarters instead.2Department of Labor & Employment. Qualifying for Benefits
You also need to be physically and mentally able to work, available to start a new job immediately, willing to accept suitable work, and actively searching for work each week you collect.3Department of Labor & Employment. Eligibility and Work Search Requirements Meeting the money threshold gets you in the door; the reason for your firing decides whether the state lets you stay.
If Your Claim Is Denied Because of How You Were Fired
If the state denies your claim based on the reason for your termination, you have 20 calendar days from the date on the determination letter to file an appeal. That deadline includes weekends and holidays, though if the 20th day falls on a non-business day, the deadline extends to the next business day. Filing through MyUI+ is the fastest route, but you can also mail or fax the form printed on the back of your determination letter. Appeals received more than 180 days late are automatically dismissed with no hearing.4Department of Labor & Employment. Appeal Rights
After you appeal, the state schedules a phone hearing before an impartial hearing officer, and you must check in for that hearing no later than 2:00 p.m. the day before it’s scheduled. Skip the check-in and your appeal gets dismissed automatically.4Department of Labor & Employment. Appeal Rights
The hearing itself is where the fired worker often has the advantage. For termination disputes, the employer generally bears the burden of proving misconduct. If they can’t back up their claim with documentation or specifics, the determination often flips in the worker’s favor. The process typically takes four to six weeks from the date your appeal is received until you get the hearing officer’s decision, and you must continue requesting weekly payments and meeting all eligibility requirements while you wait. You don’t need a lawyer for the hearing, but you have the right to hire one at your own expense.5Department of Labor & Employment. Appeals FAQs If the appeal is denied, you can escalate to a second-level review.