CDLE Releases Form for Required Notice to Separating Employees About Possible Unemployment Benefits

In July, we wrote a blog regarding the recent passing of Senate Bill 22-234, requiring Colorado employers to provide notice to separating employees regarding unemployment benefits that may be available to them.

Specifically, Section 8-74-101(4) of the Colorado Revised Statutes provides that at the time of separation, employers must provide each employee, in hard copy or electronic format, with certain information. The notice must include the following information:

·         The employer’s name and address;

·         The employee’s name and address;

·         The employee’s identification number or the last four numbers of the employee’s Social Security number;

·         The employee’s start date, date of last day worked, year-to-date earnings and wages for the last week the employee worked; and

·         The reason the employee separated from the employer.

·          

Since the law came into effect in May 2022, employers were required to create their own notices to fulfill this obligation. However, in October 2022, The Colorado Department of Labor and Employment (CDLE) released Employer Separation Form 22-234, which employers can now use as a model unemployment notice to comply with the requirements of the new law.

Colorado employers need to add this form to their termination procedures, or a similar form that includes the required information. If employers are concerned about listing termination or separation reasons, they should consult with legal counsel to mitigate risk.