Episode Transcript
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Speaker 1 (00:00):
I'm very, very pleased to welcome back to the show,
Phil Spethheart. I don't think I've had Phil on the
show since probably during COVID when there was a lot
of unemployment related stuff to talk about.
Speaker 2 (00:10):
Phil is the director.
Speaker 1 (00:12):
Of the Division of Unemployment Insurance here.
Speaker 2 (00:15):
In the state of Colorado. Phil, welcome back. It's good
to talk to you again.
Speaker 3 (00:19):
Nice to be on today.
Speaker 2 (00:20):
Boss for me, Yeah, glad.
Speaker 1 (00:22):
To I saw a piece in the Colorado Sun.
Speaker 2 (00:24):
That I wanted to ask you about.
Speaker 1 (00:26):
The headline over there is federal workers on Colorado unemployment benefits,
who pays? And there's other stuff, But the concept is,
of course, with a lot of this stuff going on
at the federal government and DOGE and all that, there
have been a lot of layoffs of federal workers in
all kinds of parts of the federal government, including here
in Colorado. And I thought it could be useful helpful
(00:49):
to listeners to be able to hear a little bit
from you what laid off federal workers need to know,
or federal workers who're afraid they may.
Speaker 2 (00:59):
Be laid on. So let's jump in.
Speaker 4 (01:03):
Sure sure in particular, right there's a lot of people
right now struggling trying to figure out are we going
to file an unemployment insurance claim? Are we not going
to file an unemployment insurance claim? So ross is very
important to address a little bit about the fact that
so many probationary employees have been released lately, and then
in conjunction with how does an unemployment insurance claim work
(01:26):
in the state of Colorado, And so when an unemployment
insurance claim is filed, you're not necessarily filing or the
dollar amount isn't necessarily based.
Speaker 3 (01:36):
Just on your last employer. It's based on employment.
Speaker 4 (01:40):
You had during a particular period of time called a
base period. That's the first four of the last five
completed quarters. Let's put it in playing in English today.
What that really means is anybody individuals were working with
from October first of twenty twenty three through September thirtieth
of twenty twenty four. Some of these individuals right might
(02:01):
have started, say with the federal government in September of
twenty twenty four, which means if they come into found
unemployment insurance claim on us, most if not all, of
the wages on the claim won't even be based on
their federal employment. It will be based on prior employment.
And again we look at each and every job separation
that occurs in that base period. So important for people
(02:22):
to understand that as we do that, the total amount
of benefits payable to somebody may remain the same, it
may reduce based on whatever those job separations were. So again,
things that we want people to think about is they're considering,
finally an unemployment claim.
Speaker 1 (02:38):
What is the relevance of whether a newly unemployed federal
worker former federal worker was probationary or not.
Speaker 4 (02:50):
Yeah, I think, as we've seen for Dess use that
just as a convenient means by which to separate individuals
from the government because as a probationary employee, we have
probationary employees and state employment. Also, it means those individuals
don't have these same job protections related to being separated
from employment. So it's a much easier process for the
(03:13):
federal government to separate probationary employees. So again, most of
them probably a year or less with the federal government,
some of them maybe two years or less with the
federal government.
Speaker 1 (03:23):
Does their probationary status at the federal government have any
implications for what they are allowed to file, Whether they
are allowed to file with the state unemployment office or.
Speaker 2 (03:35):
Is it only is that really only an issue.
Speaker 1 (03:37):
Of well, you're easier for the federal government to fire
than you would be if you weren't probationary, but it
doesn't affect your unemployment stuff.
Speaker 3 (03:44):
Yeah, that's a good question.
Speaker 4 (03:45):
It has no impact on their ability to file and
unemployment insurance claim. Has no impact on the determination of
the dollar amounts on the unemployment insurance claim or whether
somebody is eligible. It is simply that they are easier
to terminate by the federal government as opposed to the
impact it has on the unemployment claim.
Speaker 1 (04:04):
I also want to note to listeners if if this
conversation relates directly to you, or you're worried it might
relate directly to you, or it relates to someone you
know and care about. If you go to my blog
at Rosskominsky dot com, I've got a link in there
that Phil sent me, but rather than give you a
long link, but there's a link there for resources for
(04:24):
federal workers at the Colorado Department of Labor and Employment.
So if you go to Rosskiminsky dot com and go
to today's blogcast, you can you can find that, or
you could probably go to the Google machine and type
in cdle E resources for Federal workers and you'll find it.
You'll find it that way. So one of the things
I'd like to understand, phil, is who pays the unemployment
(04:46):
benefits for federal workers who are now laid off? Because
my understanding, and I could be completely wrong, My understanding
was that the federal government didn't pay into our state
unemployment system.
Speaker 2 (04:57):
But please correct me if I have that wrong.
Speaker 4 (05:00):
Now you have that correct. The federal government, just like
even the state government here, are considered reimbursable employers, so
they do not pay like our regular standard employers out
there who pay on a quarterly basis. They pay their
premiums on a quarterly basis based on wages and where
we're at at that point in time, on total wages.
(05:22):
The federal government, just like the state government on an
unemployment insurance claim, pays after the fact for benefits that
are paid out, and they pay back.
Speaker 3 (05:31):
On a dollar for dollar basis.
Speaker 4 (05:33):
So if a federal employee separates receives unemployment benefits, and
let's just pick a random number, let's just say that
individual during a prior quarter receives five thousand dollars in
unemployment insurance benefits. The federal government gets billed for that
five thousand dollars in benefits that then they pay back
(05:54):
to us and put back into the UI trust Fund.
Speaker 1 (05:57):
Okay, so there is no cost to no direct or
indirect cost to private employers in Colorado that are paying
money out of every paycheck, let's say into the fund.
Speaker 4 (06:10):
Correct Again, because it's reimversible, they pay back dollars for dollars.
So as opposed to break the regular employer who's paying
a premium, they're paying sort of a lesser percentage. It's
sort of that. I guess on do I want to
be a reimversable employer and have to pay back dollar
for dollar or do I want to be a premium
paying employer? And again, government entities are all reimbursable employers.
Speaker 2 (06:33):
This is just a tangential question.
Speaker 1 (06:35):
But can a private enterprise be a reimbversible employer if
they wanted to be?
Speaker 4 (06:41):
I'd have to go back and double check. I believe
that there are some abilities for parties to become an
elect to be reimversable. Again, that's the cost benefit analysis
one would have to do. So ross I'll go back
and double check that statutory language, and we can have
someone to get back to you on that one.
Speaker 1 (06:57):
Let's see, I got a couple listener questions. The Work
Adjustment and Retaining Notification Act WARREN Act requires US employers
to give sixty days notice to workers if there's a
possibility of the company will conduct a mass layoff.
Speaker 2 (07:09):
Does this also apply to government.
Speaker 4 (07:15):
In general? We don't usually have to have the WORN
Act for government employment. It's best recult. So again, not
necessarily my field of expertise. Okay, that would be more.
That would be more our wage in our folks, So okay,
they're the better experts test that one.
Speaker 3 (07:31):
I'm sorry, that's right.
Speaker 1 (07:32):
Another listener question, he's asking about a term that I that.
Speaker 2 (07:35):
I don't know.
Speaker 1 (07:36):
He said, what about job attached unemployment?
Speaker 2 (07:40):
So does that mean anything to you?
Speaker 4 (07:43):
Job attached unemployment probably is not going to be applicable
for these federal government workers who have been separated for good.
Job attached employment is for an individual who's separated from employment,
but the employer is guaranteeing that they are going to
bring that person back to work within sixteen weeks of
(08:03):
separation from employment. It merely means that individual is not
required to make an active work search during the weeks
that they are unemployed because that employer is promising them employment. However,
that doesn't prevent the fact that if they are offered
suitable employment, perhaps by another employer and turn it down,
that could be considered something that denis benefits at that
(08:26):
point in time. But again, what it does is it
weighs the work search requirement for somebody in impact capacity.
Speaker 1 (08:32):
We're talking with Phil Speessardt, who is director of the
Division of Unemployment Insurance here in Colorado. So you're exactly
right that the vast majority of people that have been
laid off recently by DOZE or whatever you want to
call it, have been probationary employees because they are.
Speaker 2 (08:50):
Very easy to fire.
Speaker 1 (08:52):
There are other people, and this process is still very early,
but there are other like seventy five thousand people who
agreed to this this thing where essentially they're going to
get if it plays out the way Elon Musk said.
They would not work for eight months, but they would
get paid. It's kind of like a severance deal. Not
exactly what you'd normally expect from severance, but something like it.
(09:13):
How would unemployment interact with those people.
Speaker 4 (09:19):
Yeah, they are still able to file an unemployment insurance claim.
We would still review each one of those separations on
a case by case basis. In fact, we encourage anyone
who perhaps has that letter it files a claim that
they actually upload a copy of that letter that they
were provided in all the statements, because that and the
wording that is within that letter would be considered within
(09:41):
determining whether to say in the individuals entitled the unemployment
insurance benefits or not based on that separation. So even
though they quit, doesn't necessarily prevent an individual from collecting
unemployment insurance benefits. Same thing with the discharge. That doesn't
have necessarily prevent an individual from collecting unemployment insurance benefits.
(10:04):
What it does is really changes the burden of proof.
So when an employer buires somebody, the burden of proof
essentially is on that employer to establish. But what the
employee did was was at such a level that they
should be prevented from collecting unemployment insurance benefits. So it
requires certain level of facts, not just saying a particular item.
(10:25):
When an individual quits, the burden of proof and the
onus is on them to establish that the reasons that
they quit should still afford them the ability to receive
unemployment benefits under our statutory scheme.
Speaker 2 (10:37):
Okay, so.
Speaker 1 (10:39):
I assume that if the way the federal government plays
out this thing with the non probationary employees is that
they like they don't come to work, but they still
get paychecks, then those people wouldn't be eligible for unemployment
until the paychecks stop.
Speaker 2 (10:55):
That seems obvious, right, Can I continue?
Speaker 4 (10:58):
Yeah? Okay, Yeah, In general, all we would tell you
if you're still being paid for that period of time,
you're not necessarily fully separated, and you're not eligible on
a weekly basis to receive benefits. Again, that doesn't prevent
somebody from filing ahead of time, but they do need
to be reporting those.
Speaker 1 (11:13):
Okay, what about and this doesn't necessarily have to relate
to the DOGE thing right now, This could be more
of a generic sort of question.
Speaker 2 (11:22):
But what about if.
Speaker 1 (11:24):
The deal rather than just getting payments to not work,
getting getting paychecks while you're not working, what about a
severance deal where you say, all right, I'm gonna take
the deal. You're gonna pay me eight months of salary
all in one check. Right now, you're gonna pay me
eight months of salary and uh and and I'm out.
(11:44):
Can can that person claim unemployment immediately or do they
have to wait eight months?
Speaker 2 (11:51):
How does that work?
Speaker 4 (11:53):
You can still file and claim immediately, understand, Right, if
we process that and decide it's eight months sorts of
severance then or maybe an eight month period of time
where you cannot receive benefits on the claim, but it
doesn't prevent you from filing your unemployment insurance claim at
this point in time. Right, That's the thing that people
need to recall. It takes us a number of weeks
to process an unemployment insurance claim, generally four to six weeks.
(12:17):
So if you sat on a severance payment waited for
it to exhaust before.
Speaker 3 (12:22):
You filed your claim, now there's.
Speaker 4 (12:24):
Going to be a period of four to six weeks
potentially where you're not seeing any kind of money while
we're processing an unemployment insurance claim. So sometimes it might
be wove an individual to file before that period. Is Also,
just because the employer calls it severance doesn't mean that
when we look at the facts, we're going to deem
it to be severance and have the impact on an
unemployment insurance claim that the severance has under statue.
Speaker 1 (12:48):
Okay, last question for you when it doesn't relate to
federal stuff, but just a listener question.
Speaker 2 (12:52):
That came in.
Speaker 1 (12:54):
If an employee is awarded benefits after a firing because
of a ruling in the employe favor of circumstances not
in their control like the toxic workplace, does the employer
get billed and does the employer get some kind of
record with the state of Colorado.
Speaker 4 (13:13):
So if it goes through an appeal process and then
ultimately acclaim it wins, yes, the employers still gets built.
They're not getting billed again in the sense that the
federal government or the state government does. But on a
quarterly basis, employers receive amounts as to here's what was
provided against you account here wasn't. But on a yearly basis,
(13:36):
employers have something called an experience rating calculated. This is
a percent designed off of what they would owe on premiums.
And then what will happen is as benefits pay. Trust me,
those experience ratings increase for employers to the amount that
employers pay in increases. It's based on a have you
paid more in versus you've paid more out and benefits.
(13:58):
So if a listener think similar to how does our
insurance work? How does homeowners insurance work? Very similar related
to that as to how are the premiums calculated for
these employers here?
Speaker 1 (14:10):
Phil speth Oar, Director of the Colorado Division of Unemployment Insurance,
Thanks as always for your time.
Speaker 4 (14:16):
Phil.
Speaker 2 (14:16):
Good to have you on the show again. All right,
thank you for having me Ross, all right, glad to
do it.