Colorado’s most recent legislative session, concluding in early May, pushed through several new employment-related laws that concern employers and employees alike. Senate Bill (SB) 22-234 should be of particular interest to employers, as it requires employers to provide additional information to employees upon termination. SB 22-234 became effective immediately on May 25th, 2022, after being signed into law, although the Colorado Department of Labor and Employment has not yet supplied guidance to employers. We hope this client alert clarifies questions for our clients on how this new law relates to their workplace.  

For employers, SB 22-234 expands what information employers must provide to employees upon termination. Under previous Colorado law, employers had to notify employees at separation with: 

  1.  A statement that unemployment insurance benefits are available to unemployed workers meeting eligibility requirements under Colorado law;
  2. Contact information to file a claim; 
  3. Information that the worker will need to file a claim; and 
  4. Contact information to inquire about the status of filed claims

The additional information employers must provide to employees at separation now includes:  

  1. Employer’s name; 
  2. Employer’s address;
  3. Employee’s name;
  4. Employee’s address;
  5. Employee’s ID number or last four digits of the employee’s SSN
  6. Employee’s first and last dates worked;
  7. Employee’s year-to-date earnings;
  8. Employee’s wages for the previous week worked; and 
  9. The reason for terminating the employee 

Employers can provide the required information in either electronic or hard copy format and must provide the notice to all employees at termination, regardless of the circumstances of employment separation. While the Colorado Department of Labor and Employment has not yet released a model form notice, we recommend that our clients update their notices at termination with the expanded requirements. If you have any more questions, please feel free to reach out to our employment law team. We’re happy and ready to help address any new employment matters that this statute may invoke within your business. 

Authors: Kathleen Alt, Elizabeth Froehlke, Eleanor Hoffmeyer

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