Month: September 2015

  • Root Canals and My Unemployment Audit Minnesota

    Root Canals and My Unemployment Audit Minnesota

    Yes, an Unemployment Audit Minnesota is authorized under Minnesota Statute 268.168.  If you are a worker or employer, please contact this law office for help.

    Biggest risk for an Unemployment Audit Minnesota?

    The biggest risk associated with an Unemployment Audit Minnesota is the fact an audit can lead to severe monetary penalties and or initiate an audit from another government agency.

    Yes, calling this law office for help is a lot easier than trying to make a self-assessment.  None the less, consider the following issues.

    Who can initiate an Unemployment Audit Minnesota?

    An Unemployment Audit Minnesota is generally initiated through the Minnesota Department of Employment and Economic Development (“DEED”).  For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.

    Unfortunately, an Unemployment Audit Minnesota can inspire other issues through the Minnesota Department of Revenue, the Minnesota Department of Labor, and related agencies.

    For this one reason, this law office encourages applicants and employers to respond to an Unemployment Audit Minnesota with a high level of care.

    What happens during an Unemployment Audit Minnesota?

    The Commissioner for DEED has the power to audit, examine, or cause to be supplied or copied, any books, paychecks, bank accounts, account transfers, correspondence, papers, records, or memorandum that are relevant to unemployment claims in Minnesota.

    Whether the books, correspondence, papers, records, or memorandum are the property of or in the possession of the employer, any person associated with the employer can be audited, including current and past employees or vendors.

    What if you refuse an Unemployment Audit Minnesota?

    An Employer who refuses to comply with an Unemployment Audit risks being penalized or fined.  None the less, employers in Minnesota have rights.

    An Applicant who refuses to comply with an Unemployment Audit risks an overpayment or worse penalties.

    To avoid feeling uneasy or that sinking feeling, consider contacting this law office for a consultation.

    Why do people and businesses get an Unemployment Audit Minnesota?

    Normally, an Unemployment Audit starts with a complaint or an applicant seeking benefits.  However, this is not necessarily true given Minnesota’s history with incorrectly paying unemployment claims.

    In the year 2014, the State of Minnesota incorrectly paid out more than thirty-five million dollars ($35,000,000) in unemployment benefits.

    Unemployment benefits are subsidized under three sources of revenue: (1) employer premiums, (2) taxes, (3) Federal bills.  Because applicants and employers are part of this equation, the Minnesota unemployment office turn others to reduce the debt.

    Impact or Outcome of an Unemployment Audit Minnesota:

    An Unemployment Audit Minnesota can have a significant impact both financially and from a production and service standpoint.  Also, claims can begin small and turn into bigger issues of concern.

    For example, an Unemployment Audit Minnesota can inspire other issues through the Minnesota Department of Revenue, the Minnesota Department of Labor, and related agencies.  For this one reason, respond to an audit  with a higher level of care.

    Also, penalties and fines may be assessed too.

    Lawyer for Unemployment Audit Minnesota:

    If you are looking for a Lawyer to represent your business during an Unemployment Audit Minnesota, please contact this law office by clicking HERE.

  • My First Move After Getting Fired

    My First Move After Getting Fired

    What to do after getting fired or laid off?  First, you are not alone.  Second, whether you are injured, laid off, an executive, hourly worker, or terminated for employment misconduct, every worker and former employee should consider the same path when taking the next step.

    Thus, consider this a game plan if you are asking what to do after getting fired or terminated from your job.

    First Step: what to do after getting fired

    The first thing to do after getting fired is request a copy of their personnel file.

    Provided a person follows the guidelines under Minnesota statute 181.961, there shouldn’t be many complications.

    What is your personnel file?

    Your personnel file is any document connected to you and your job.  This includes applications, resume submissions, wage versification, W-2 forms, benefit information, correction plans, retirement benefits, non-compete agreements, etc.

    What should a request for your employment file look like?

    A request for your employment file should be in writing.  No, this does mean you can e-mail your request.  According to the rule, the request must be in writing.

    Next, a worker or employee recently fired or terminated should ask for:

    (1) All wages, bonuses, prizes, awards, and commissions owed,

    (2) A complete copy of your personnel file,

    (3) The truthful reason your job ended,

    (4) The return of all personal property,

    (5) Copies of any specific document or book relevant to your discharge, and

    (6) Ask your former employer to forward this information to an address you find appropriate.

    Wait, I know why my job ended

    Minnesota Veterans Training Program

    Yes, a worker might know the reason why they were fired or terminated.  None the less, it is important to ask again and in writing because your right to information about an involuntary termination may end within 15 working days from the date your job ended.    

    Also, obtaining written documentation from your former employer may help you with an appeal for unemployment benefits.

    For more information on the notice of termination requirements, consider reviewing Minnesota statute 181.933.

    Second Step: what to do after getting fired

    Before starting on the second step, make sure you review what to do after getting fired above.

    None the less, the second thing to do after getting fired is to write down any details you recall specific to your job ending.  For example, outlining conversations with co-workers, bosses, human resources or describing a sequence of events.

    Third Step: what to do after getting fired

    The third thing to do after getting fired is to consider whether you are going to apply for unemployment benefits.  Prevent yourself from filing for unemployment on the day or week you were fired.

    Yes, you need time to reduce emotion and negative sentiment.  As you can guess, this is normal.  Also, you want time to think through the sequence of events that led to your termination and make sure you are prepared to questions that will help you get unemployment versus prevent you from getting unemployment.

    Fourth Step: what to do after getting fired

    The fourth thing to do after getting fired is to consider whether you need to take necessary steps to file a claim or claims with the Department of Labor, EEOC, Minnesota Department of Human Services, Minnesota Department of Labor, Minnesota Department of Human Rights, or a related agency.

    Need more help?

    If you need more help, consider contacting this law office for advisement.  I wish you the very best.

  • Can I Delay Their Funeral with a Funeral Directive

    Can I Delay Their Funeral with a Funeral Directive

    A funeral directive is much like a health care directive or power of attorney. It is a way to identify the quarterback who can handle our affairs specific to a funeral.

    Luckily, you can reduce arguments and stress by creating a funeral directive, and address the promises you have for the final chapter before your trust kicks in.

    Estate Planning Attorney

    Estate Planning

    Contact Now

    What is a funeral directive?

    A funeral directive is a document that outlines your wishes and desires for a funeral and final honors.  The document is created before you die or before you are not able to communicate for yourself.

    The goal of a funeral directive is to make decisions about your funeral arrangements and remove the likelihood of your loved ones making decisions that rock the boat or upset others.

    What types of issues are decided by a funeral directive?

    A funeral directive can make decisions on any issue you find important including:

    • Do you want to be cremated or buried?
    • ** If you are cremated, can your family wait for a month or longer to hold a service in your honor?
    • Where do you want your ashes or body placed when you die?
    • Do you want an honor guard to perform at your funeral?
    • Will your funeral service call for a specific religious affiliation?
    • What do you want your tombstone to say?
    • What picture do you want used in an obituary?

    Can your funeral directive be included in your Will?

    This law office prefers a funeral directive that is separate from all other estate planning tools, like your health care directive or will.

    In the past, I have seen families print a funeral directive and distribute it as they divide up work in preparation of a funeral.  For example, granddaughter can use the document as she talks to a Church to select music while nephew can use the document as he purchases flowers online.

    As you might suspect, a will or health care directive is likely more personal.  A funeral directive is not as personal because the idea is to make specific plans for an end of life celebration versus the distribution of assets or property.

    Yes, but why do you care about delaying your funeral?

    Believe it or not, spouses and children can be torn on whether it is “right” to delay a funeral with the idea of accommodating travel schedules.  Yes, you have the power to put your family at ease.

    Nobody really knows the date of their demise.  For all we know, you are going to pass days before a major holiday.  In today’s world, more and more families are delaying a funeral so people can make arrangements for travel, take time off from work, school, etc.

    Luckily, hard feelings can be laid to rest by granting your family the ability to delay your end of life party by implementing a funeral directive.