Unemployment Attorneys in Boulder, Colorado
Practice Areas
Unemployment law deals with the rights and responsibilities of employers and employees regarding termination, severance, and unemployment benefits. Facing unemployment can be particularly challenging, often affecting both your mental and financial well-being. If you or someone you know is facing unemployment, it is important to reach out to an experienced attorney who can help you understand your legal rights and options.
At Howard O. Bernstein, P.C., we have over 40 years of experience helping clients with unemployment matters, whether it's discrimination, wrongful termination, harassment, or wage claims. Based in Boulder, Colorado, we serve clients throughout Nederland, Longmont, Broomfield, North Glen, and the Denver metro area. Contact us today to schedule an in-person or virtual consultation.
Understanding Unemployment Rights
Losing a job can be a stressful and uncertain experience, but it’s crucial to understand your rights as an employee. Under both state and federal laws, employers are required to treat employees fairly within the workplace and during the termination process. Some of the key areas where an attorney can provide representation include:
Wrongful termination: Termination based on discrimination, retaliation, or breach of contract.
Unemployment insurance claims: Helping you apply for benefits or appeal denied claims.
FMLA violations: Ensuring your rights under the Family and Medical Leave Act are upheld during job transitions.
Discrimination and harassment claims: Addressing workplace practices that negatively impact employees due to race, gender, age, or other protected characteristics.
Key Services We Offer
Our team is experienced in representing individuals facing employment challenges. The services we provide include, but are not limited to, the following areas:
Drafting and negotiating noncompetition, nondisclosure, and severance agreements.
Guidance on unemployment insurance applications and appeals.
Advocacy in cases of wages and overtime disputes.
Legal advice for dealing with hostile work environments and harassment.
Don't Face Unemployment Alone
Understanding Workplace Retaliation
Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting discrimination, harassment, or unsafe working conditions. Examples of retaliation can include termination, demotion, reduction in hours, assignment to less favorable tasks, or other actions that negatively impact an employee's work life.
If you suspect retaliation, it's important to document all incidents thoroughly, including dates, times, and details of the actions taken against you. Additionally, gather any supporting evidence, such as performance reviews, emails, or witness accounts that demonstrate a change in treatment after your protected activity.
It may also be necessary to file a formal complaint with your HR department or an external agency, such as the Equal Employment Opportunity Commission (EEOC), to address and resolve the issue. Knowing your rights and seeking legal advice can help you better move forward with a retaliation claim.
What to Do If You Face Unemployment
If you've experienced unemployment or suspect wrongful termination from your job, it’s essential to take immediate action to protect your rights. While the specific steps you should take may differ depending on the circumstances of your case, you should generally take the following actions.
Document everything: Keep all emails, letters, and other relevant documentation related to your separation from the company.
Review your employment contract: Understand the terms and conditions of your employment, particularly any noncompete or severance agreements.
File for unemployment benefits: Apply for benefits with your state unemployment office as soon as possible following your termination.
Seek legal advice: If you believe your rights were violated, consult with an experienced employment attorney to explore your options.
Legal representation is invaluable when dealing with disputes related to unemployment. A skilled attorney can make sure your claims are presented clearly and that all deadlines are met. While unemployment is often a deeply personal issue, an attorney can help you file unemployment insurance claims or appeals, pursue wrongful termination claims, hold employers accountable for discriminatory or unethical practices, and clarify employment agreements or severance terms.
Unemployment Law FAQ
At Howard O. Bernstein, P.C., our clients often come to us with questions regarding Colorado employment law. Here, we provide answers to some of the most common questions we receive.
Am I eligible for unemployment benefits if I was laid off?
Yes, if you were laid off due to circumstances beyond your control, you are typically eligible for unemployment benefits. The eligibility criteria may vary slightly by state, so check with the Colorado state unemployment office to confirm specific requirements.
Can I receive unemployment benefits if I was fired?
If you were fired for reasons not related to misconduct, such as poor performance or lack of compatibility, you might still qualify for benefits. However, being terminated for serious misconduct could disqualify you from receiving unemployment benefits.
How long can I receive unemployment benefits?
The duration of unemployment benefits varies by state but is typically up to a maximum of 26 weeks in Colorado. In some cases, the state may extend the time frame by an additional 13 weeks, although this is typically only during periods of high unemployment.
Do I need to actively search for work while receiving unemployment benefits?
Most states require you to actively seek employment and provide proof of your job search efforts to remain eligible for benefits. In Colorado, claimants of unemployment benefits are typically required to report all job search activities each week when requesting payments.
Are severance payments factored into unemployment benefits?
Yes, in many cases, severance payments can impact your eligibility or the amount of unemployment benefits you receive. Check with the Colorado state unemployment office to understand how severance payments are handled in your state.
How do I appeal a denial of unemployment benefits?
If your claim is denied, you typically have the right to file an appeal within a specified time frame. This process involves submitting evidence and appearing at a hearing to support your case. Check your denial letter for guidance on how to proceed with an appeal.
Contact an Experienced Attorney Today
At Howard O. Bernstein, P.C., we understand that every case is unique. With extensive experience in employment law, Attorney Howard Bernstein will listen carefully to your concerns and provide honest and transparent guidance tailored to your case. Our goal is to fight for your rights and ensure fair treatment in employment matters.
Located in Boulder, Colorado, we serve clients throughout Nederland, Longmont, Broomfield, North Glen, and the Denver metro area. Contact us today to schedule an in-person or virtual consultation.
