Colorado Updates Notice Requirements for Employees at Termination

Posted by: Karen Booher on July 19th, 2022

In the 2022 legislative session, Colorado enacted a new piece of legislation, Senate Bill 22-234. Section 5 of this Bill updates the notice requirements regarding unemployment insurance that employers must provide to employees upon their discharge.

Under pre-existing Colorado law, employers in the state are required to provide a notice to employees at separation of employment that includes the following:

• A statement that unemployment insurance benefits are available to unemployed workers who meet the eligibility requirements under Colorado law
• Contact information to file a claim
• Information the worker will need to file a claim
• Contact information to inquire about the status of their claim after it is filed

Additional Notice Requirements

Senate Bill 22-234 expands the information employers are required to provide at termination to also include the following:

• Employer’s name
• Employer’s address
• Employee’s name
• Employee’s address
• Employee’s ID number or the last 4 digits of the employee’s Social Security Number
• Employee’s first and last dates worked
• Employee’s year-to-date earnings
• Employee’s wages for the last week worked
• The reason the employee separated from the employer

This information can be in electronic or hard copy format, and it must be provided to all employees at termination, regardless of the reason for the separation.

Updated Notice Requirements Effective May 25, 2022

The requirement to provide the above notice went into effect on May 25, 2022, when the bill was signed into law. The Colorado Department of Labor and Employment is expected to issue a model form notice in the coming months but, until then, Colorado employers should ensure they create their own notice to employees upon termination that includes all required information.

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Sources:

1.  Second Regular Session, 73^rd Colorado General Assembly, SB22-234, Unemployment Compensation.
2.  SHRM HR Daily Newsletter, 6/27/2022. “Colorado Updates Notice Requirements for Employees Upon Discharge”, by David C. Gartenberg and Jennifer S. Harpole, Littler, June 22, 2022.