I dare anyone to understand this:
8-70-117. Employment – base of operations. “Employment” means that the entire service of an individual is performed within this state or both within and without this state if the service is localized in this state; or that the service is not localized in any state but some of the service is performed in this state and that the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in this state; or that the base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed but that the individual’s residence is in this state. For purposes of this section, service shall be deemed to be localized within a state if the service is performed entirely within the state or if the service is performed both within and without the state but the service performed without the state is incidental to the individual’s service within the state or, for example, is temporary or transitory in nature or consists of isolated transactions.
This is the law that the friendly fellow from the unemployment office read to me over the phone today. It seems that, according to Mesa airlines, I can apply for unemployment in Arizona, Illinois or New York, but not in Colorado because they have no “base of operations” in Colorado. Now, as best as I can tell, Mesa has incorrectly applied this law, and I am, in fact, eligible to apply for unemployment in Colorado, but there’s a long drawn out legal process that I’d have to go through in order to make that happen. I’m tempted to do that, because I suspect it would wind up with Mesa owing the state of Colorado a substantial amount of money. On the other hand, I’m now eligible to apply for unemployment in the state of New York which should, apparently, be worth more money anyway.
My interpretation: Mesa is claiming that the base of operations for their United Express operation is in Chicago. This means that “the base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed but that the individual’s residence is in this state,” (this being Colorado), which would make me eligible in Colorado. Since I haven’t flown to Illinois since I’ve been based in Denver, that means my state of residence is good enough, at least since April. That said, I’m still eligible to apply for unemployment in either of the other 3 states, and New York seems to have the higher benefit amount, so I should have done that to begin with.
Fun!
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