Definition of Failure to meet established job performance standards


Failure to meet established job performance standards means that claimant did not do the job for which he was hired and which he knew was expected of him. Dawson v. Industrial Commission, 660 P.2d 924 (Colo. App. 1983). Here, although claimant presented contrary testimony, there was ample testimony from the supervisor about the performance standards for service advisors, his warnings to claimant, and claimant's excessive errors. The Commission's resolution of this conflicting evidence is binding on review. In re Claim of Krantz v. Kelran Constructors, Inc., 669 P.2d 1049 (Colo. App. 1983). It was not necessary that the Commission describe the job performance standard in any greater detail. See In re Claim of Allmendinger v. Industrial Commission, 40 Colo. App. 210, 571 P.2d 741 (1977). Claimant also contends that the Commission erred in denying him benefits, arguing that under § 8-73-108(5)(g), C.R.S. (1986 Repl. Vol. 3B), his benefits could be deferred for ten weeks, but not denied. We disagree. The purpose of the unemployment compensation act is to provide protection to those unemployed through no fault of their own. Section 8-70-102, C.R.S. (1986 Repl.Vol. 3B). Unemployment compensation benefits are not provided to an employee whose separation from employment is voluntary or for cause. Section 8-73-108(5)(e), C.R.S. (1986 Repl. Vol. 3B); see Industrial Commission v. Moffat County School District, 732 P.2d 616 (Colo. 1987); Denver Post Corp. v. Industrial Commission, 677 P.2d 436 (Colo. App. 1984). Section 8-73-108(5)(e) provides: