Month: April 2014

  • Why Unemployment Seasonal Employees Have it Worse

    Why Unemployment Seasonal Employees Have it Worse

    Recently, Minnesota rendered a decision about unemployment seasonal employees.  In a case called McNeilly v. Dept. of Employment, 778 N.W. 2d 707, a Seasonal Employee was laid off for lack of work and deemed ineligible for unemployment benefits.

    Although this case was decided in favor of the employer, it is important to note that the worker wasn’t actively seeking work while unemployed due to their seasonal job.

    Thus, this article addresses some dos and don’ts specific to seasonal employees in Minnesota who are seeking unemployment benefits.

    How should a seasonal employee approach unemployment in Minnesota?

    Unemployment seasonal employees in Minnesota should always approach a lay-off with caution.  Why?  Because many unemployed persons never foresee being unemployed.  For this reason, seeking unemployment benefits is never a guarantee, making your application for benefits critical if not vital.

    Laid-off from seasonal work – what should you do to receive unemployment?

    First, always remain calm and never fill out your application for unemployment benefits without talking to a professional who has done this in the past and or having a plan when answering questions for benefits.  If you were laid off for lack of work, do not create a bigger conflict by giving more information than is necessary.  In other words, your application for benefits should not be used as a sounding board to complain about your former employer.

    Next, ask if there is anything you can do to remain employed.  If you are offered a different position, accept the job offer unless your rate of pay is reduced by more than 75%.

    Can a seasonal worker resign and get unemployment in Minnesota?

    If you are not offered a different position, do not offer a resignation even if pressured by your employer.  A person who resigns from a seasonal job must satisfy many many rules, including the rules under Minnesota statute 268.095, in order to become eligible for unemployment benefits in Minnesota.

    For this reason, a seasonal worker should never resign without first speaking with a lawyer.

    Seasonal worker receives a separation package from their employer – now what?

    If presented with a separation agreement or asked to take a “lump sum” or “severance package”, always have this document reviewed by an attorney before you sign it or accept it.  Yes, the unemployment office in Minnesota will find out and they will look at the signed document.

    Yes, documents of this nature can impact your unemployment benefits.  Thus, issues with separation packages and unemployment fr seasonal employees when working in Minnesota should always be scrutinized.

    Unemployment seasonal employees beware!

    The moral of the story is to proceed with caution when laid off for lack of work or due to the seasonal elements of your job.  Therefore, contact an attorney to review your rights.

  • Unemployment Revenue Recapture for Minnesota – Say What?

    Unemployment Revenue Recapture for Minnesota – Say What?

    Unemployment revenue recapture for Minnesota is a somewhat of a new process.  Generally, you will receive notice by mail that the unemployment office in Minnesota is using help from the Department of Revenue to collect an unemployment overpayment.

    In other words, the unemployment office is trying to use your tax return to collect money from you that they believe you owe as a result of an unemployment overpayment.

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    Can you appeal an Unemployment Revenue Recapture for Minnesota?

    Yes, you can appeal an unemployment revenue recapture for Minnesota by following the appeal rules and procedures that are usually outlined in the notice you received by mail.

    Should you file an appeal for an unemployment recapture or talk to a lawyer first?

    Obviously this law office is biased, but yes you should talk with a lawyer regarding an unemployment revenue recapture issue.

    An unemployment revenue recapture hearing should be reviewed with extreme caution.  The procedure for an appeal of this nature is similar to other unemployment appeal hearings you may or may not have partaken in.  

    That said, an unemployment law judge may utilize an unemployment revenue recapture hearing to justify an audit of your benefits or attach fraud to your claim. 

    Thus, an unemployment revenue recapture hearing should never be treated lightly.

    What else should you know about an unemployment revenue recapture for Minnesota?

    The intent of the revenue recapture hearing is to see whether your case should not be forwarded onto the Minnesota Department of Revenue. 

    If the applicant believes that their claim for unemployment benefits should not be forwarded onto the Minnesota Department of Revenue, consider appealing the notice of revenue recapture.

    What if you don’t appeal an unemployment revenue recapture for Minnesota?

    If you do not appeal, then the unemployment office in Minnesota will move forward with the process to intercept your tax return and use it to to repay an unemployment overpayment.

    What if you are not expecting a tax return?

    Even if you are not expecting a tax return, you should still consider an appeal.  The Minnesota Department of Revenue can use this process to attach a lien to your home, your car, or a bank account.

    What should you do first?

    Look, this law office knows this can be a scary or an overwhelming process.  Do not panic because you absolutely have rights.  Although every situation is different, consider contacting a lawyer for help.  

    As an alternative, consider visiting a law library and conduct further research on the process specific to an unemployment revenue recapture for Minnesota.

  • Minnesota Unemployment Laws

    Minnesota Unemployment Laws

    Minnesota Unemployment laws are everywhere and they don’t seem to end. Of course, there are statutes. There are case laws. There are rules, guidelines, and everything in-between. What you can’t find within the law is firsthand experience.

    If you are looking for the perfect rule or the exact law for your situation, consider starting with the facts. Then, start issue spotting.

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    Where Can You Find UI Rules?

    Minnesota unemployment laws are provided under Minnesota Chapter 268 and Minnesota Rules 3300-4370.  Even more importantly, these statutes and rules are re-defined through a process called a legal precedent.

    Again, experience matters. Turning to your neighbor, co-worker, friend, or spouse is not.

    Court Cases with Minnesota Laws

    A legal precedent means a Court of Law reviewed or applied a rule based on a specific fact pattern.  In theory, when a specific fact pattern is duplicated, a legal precedent suggests that a decision should be decided like it has in the past.  Thus, Minnesota unemployment rules are re-defined through a legal precedent.

    Regardless whether you are an Applicant or an Employer, these rules have an impact on Minnesota unemployment and the process as a whole.

    Which Courts Review Unemployment Cases?

    Generally, any court having jurisdiction can review a case and apply the law. This includes the Minnesota Court of Appeals and the Minnesota Supreme Court. On the other hand, most District Courts and Administrative Courts (like worker compensation) do not have jurisdiction. Instead, we turn to the administrative process managed by DEED.

    Because unemployment claims are reviewed by an Unemployment Law Judge, Minnesota’ s District Courts rarely reviews claims for eligibility.

    Are Minnesota Unemployment Laws Complicated?

    Yes, Minnesota unemployment laws are complicated because rules cross apply from three areas:  Minnesota Chapter 268, Minnesota Rules 3300-4370, and through a standard reviewed referred earlier as legal precedent.

    Do Unemployment Laws Change?

    Yes, Minnesota unemployment laws change all the time, which is why not every case law is applicable. For example, about ten years ago, there was a fancy unemployment rule called the “Hot Head Doctrine”. Basically, it was a rule that applied in moments of anger. Well, that rule has changed drastically over the years. Some good and some bad.

    Now, add laws from the Covid Pandemic and or the financial crisis of 2007, and what you will find is that the rules and statutes governing unemployment claims is more different today than ever before.

    How Often are Mistakes Made with Minnesota Unemployment Laws?

    It is the experience of this law office that mistakes happen all the time. Unfortunatley, most applicants are unaware of the mistake until they are awarded bad news.

    Generally, mistakes are made upon advise given by workforce centers, friends who claim they have been through the “system” and mistakes are made at all levels of the unemployment appeal process.

    Because mistakes are made on a regular occurrence, Applicants and Employers seek unemployment appeals.

    Questions about Minnesota Unemployment Laws

    First, stop comparing Minnesota rules to other states. Our appeal system is very different than our border states. Second, stop listening to lay people. Family members are great for support versus legal advice.