Background
Bergon Esslinger worked as an emergency department technician for Colorado West Healthcare System until her September 2025 discharge. A Division of Unemployment Insurance deputy initially approved her claim for benefits.
Following the employer’s appeal, a hearing officer found Esslinger was discharged after she used profanity during a disciplinary meeting about allegations that she had slept at work. The hearing officer concluded the evidence did not support disqualification and found that Esslinger was not at fault for the separation. The Industrial Claim Appeals Office reversed, concluding that her conduct was rude, insolent, or offensive and that she was at fault for her discharge.
The Court’s Holding
The Colorado Court of Appeals affirmed the Panel’s order denying benefits. Substantial evidence supported the finding that Esslinger was terminated for her profanity and hostile behavior during the disciplinary meeting, including her own acknowledgment that she said the accusation was “fucking bullshit.”
The court held that the Panel did not err in applying section 8-73-108(5)(e)(XIV), which disqualifies a claimant discharged for rude, insolent, or offensive conduct that a reasonable supervisor, customer, or coworker would not countenance. Esslinger’s asserted mitigating circumstances did not require reversal, and the record supported the Panel’s finding that she chose to curse and therefore acted voluntarily enough to be at fault for the separation.
Key Takeaways
- A single instance of profanity during a disciplinary meeting can support unemployment-benefit disqualification as offensive conduct.
- Appellate review does not permit reweighing evidence or revisiting the hearing officer’s credibility determinations.
- A claimant’s voluntary choice to engage in the conduct leading to discharge can establish fault despite claimed mitigating circumstances.
Why It Matters
The decision underscores that Colorado’s no-fault unemployment framework does not protect a claimant whose voluntary conduct during a workplace disciplinary interaction provides an independent basis for termination. It also confirms the deferential standard applied to supported administrative factual findings.