Month: March 2016

  • How to Make PCA Unemployment Benefits Easier for Yourself

    How to Make PCA Unemployment Benefits Easier for Yourself

    PCA unemployment or unemployment for a Personal Care Assistant is getting more and more difficult.  Here are three tips:

    • Make sure you know when your job ends;
    • Document your conversations with a TPA;
    • Always document your job search process.  

    I believe every PCA is trying to do the right thing by serving a person in need.  Often this can include a family member.

    If you are a PCA and trying to seek unemployment, here are a few steps specific to the process of gaining unemployment.

    Bad news for PCA Unemployment

    One of the worst days for any PCA is the day their client passes.  This day can be even more detrimental when it is a loved one.  Unfortunately, the unemployment office is very unforgiving.

    PCA Unemployment tip #1:  Make sure you know when your job ends.  

    No, a job does not end when the person you are caring for is dead.  Yes, it is easy to assume why this might be true.  On the other hand, I prefer the process of seeking clarification from the benefit provider or TPA (Third Party Administrator).

    Good news for PCA Unemployment

    It is always good news when a PCA is communicating with family and the TPA.

    PCA Unemployment tip #2:  Document your conversations with a TPA or agency

    Just like you would never leave a pot of boiling water on the stove while you cared for a person in need, never end or leave the PCA relationship without talking or communicating with the TPA.

    In other words, it can never hurt to seek clarification from the organization, agency or party in charge of paying for your PCA wages.  If you do not know who to contact or the person you believe is your point person is the same person you cared for, very likely this would be a good opportunity to begin the process of protecting your best interests too.

    Again, protect yourself by documenting your conversation so you can utilize notes if needed.

    PCA Unemployment and your job search

    The process of a job search is a common element for PCA unemployment seekers.  For one, Minnesota law requires unemployed applicants to seek work.  This is outlined under rule 268.085.

    PCA Unemployment tip #3:  Always document your job search process.  

    Workers who identify themselves as a personal care assistant, where to look for work is generally a non issue.  On the other hand, a person who left a non-traditional role (any job other than a PCA) will likely find the rules governing the availability of suitable work troublesome.

    In my experience, it is rare to find past or present personal care assistant who does not have conflicts with defining their job search process while trying to seek or become eligible for unemployment benefits in Minnesota.

    Thus, this element of the PCA unemployment process is critical.

    Need help?

    In my experience, every PCA has a different experience while trying to seek or collect unemployment.  Please contact me if you need help.

  • Eligible for Unemployment Until I Failed their Test

    Eligible for Unemployment Until I Failed their Test

    Passing your eligible for unemployment test is hard because people filling out applications do not understand the questions.  In my humble opinion, every worker should be eligible for unemployment if they can pass this first test:

    • I had a job,
    • My job ended,
    • I am unemployed, and
    • I am looking for a job day and night.

    Eligible for Unemployment in Minnesota

    Yes, Minnesota has a very specific set of conditions or tests that are used to weed out applicants.  In fact, the actual law is called “eligibility conditions” and you can find it here.

    Here is what the unemployment office in Minnesota looks for:

    1. Did the person file an application,
    2. The person is unemployed according to rule 268.035,
    3. The worker has received wages in the past year,
    4. The worker is seeking “suitable employment”, and
    5. When asked, the worker is attending classes at Minnesota’s workforce center.

    I do not know if I am unemployed

    Yes, there are many people who do not know if they are unemployed and fail this part of the test.  Generally, a person does not know if they are unemployed if:

    Eligible for unemployment by seeking suitable employment

    Yes, another condition or test a worker needs to satisfy to become eligible for unemployment is the process of seeking suitable employment.

    Unfortunately, what is suitable employment and what is not suitable employment is equally challenging.  Generally, most workers can pinpoint the type of work they have done in past.  Looking for suitable employment usually means looking for a job similar to your career history.

    Eligible for unemployment by being available for a job

    Yes, the requirement of being available also prevents applicants from becoming eligible for unemployment.

    Minnesota says a worker is available for a job if they are “ready, willing and able”.  In other words, you can work by saying “yes, I will be there”.  Again, a worker can fail this piece of the test if they are:

    • Injured,
    • On vacation,
    • Doing silly things to avoid their phone, e-mail or mail.

    Eligible for unemployment and the workforce center

    Unfortunately, there is not a specific standard who gets selected or required to seek assistance through Minnesota’s workforce center.  Whether you are a high profile executive or struggling to make ends meet, I have seen fantastic results with Clients who go out of their way seek help.  But, there is bad news too.

    First, workers can get have their unemployment denied in Minnesota if they are forced to take classes and fail to attend.

    Second, workers who tell their “story” or inquire about eligibility issues with staff members of the workforce center can get themselves into trouble too.

    Help becoming or remaining eligible for unemployment

    In my opinion, the issue above is way to significant to take lightly.  If you need help or have questions, please contact me.

  • What If My Employer Says I Quit My Job?

    What If My Employer Says I Quit My Job?

    Can you say “I quit my job” or is a former employer trying to convince you your actions were viewed as quitting?  Over the past month, many Applicants have contacted me to discuss whether or not they quit.

    I believe workers sometimes do know one way or the other because the words or emotions expressed with their employer were confusing or misinterpreted.

    If you are confused whether you are supposed to say I quit my job or I was fired, this is how I would approach this problem.

    Did I quit my job?

    Whether your job ended yesterday or ten years ago, I encourage all applicants to type or write down what they remembered.  Yes, be very specific and include details like:

    • What time of day,
    • Was it before or after a specific point in your day (break, lunch, meeting, etc.),
    • Were did the communications take place (conference room, lobby, phone, etc.)
    • What are the names of the people who participated in the communications,
    • Are there e-mails, notes, faxes or other pieces of paper that can help you describe the situation,
    • *What specific phrases do you recall being stated, and
    • *What happened AFTER you believed your job ended?

    I still do not know if I quit my job?

    No worries.  The step of taking notes of the situation is merely a reference for you down the road.  Unfortunately, an appeal for unemployment can take many months.  For this reasons, it is important to have a point of reference.

    I never quit my job

    It is never easy using the evidence standard in an unemployment case to prove “I never quit my job”.  Some employees like to engage a witness for help reduce the risk of an employer lying under oath.

    If this is not possible, then consider these tips:

    • Can you show a reason why your job might have ended (performance, business slowed down, etc.),
    • Can you find examples why you would never quit your job (health insurance, rent, length of employment),
    • Did you submit a written note or a formal resignation, or
    • Did your boss place an unreasonable amount of stress on you when the job ended?

    What if you cannot remember?

    Again, the issue is not whether you remember.  Instead, the goal is to use facts that support your application and claim for unemployment benefits.

    Yes, every situation is different.  For some, the rules for unemployment eligibility favor workers who can state their employer ended the job.  The rule that generally applies to a worker who quit their job can use Minnesota law 268.095 for guidance.

    I still do not know if I quit my job

    In my experience, the real decision maker is the Applicant and how they interpreted the events.  How an employee becomes successful proving their eligibility for unemployment is using a specific story line that aligns with rule 268.095.

    Please contact me if you need help preparing for a successful case.

  • Unemployment Case: White v. University of Minnesota

    Unemployment Case: White v. University of Minnesota

    A recent unemployment case in Minnesota called White v. University of Minnesota discusses employment misconduct and a duty of an unemployment law judge.

  • What If One Person Cared About Minnesota Unemployment?

    What If One Person Cared About Minnesota Unemployment?

    I take Minnesota Unemployment benefits and rules very seriously.  I believe every worker seeking unemployment generally feels anxiety, stress and sometimes confusion.

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me or reviewing more postings on my unemployment blog.

    Minnesota Unemployment – 1st Step

    Every unemployment claim starts with an application.  Please, for the sake of your long-term goals, review and learn what questions in the application might be important to your case.

    Minnesota Unemployment – 2nd Step

    The second step for every person seeking unemployment should be the process of reviewing and understanding rule 268.095.  Yes, this rule outlines the reasons a person can receive unemployment.

    More importantly, statute 268.095 outlines the reasons why a person is not eligible.

    Where does Minnesota Unemployment come from?

    Where an applicant’s unemployment benefits come from is really not important.  Instead, ask a better question – who cares if you get or do not get unemployment?

    Your employer (former, current and future) all care about unemployment benefits because it impacts their taxes.  If you, the applicant, receives Minnesota unemployment benefits, their tax rate increases.

    Additionally, our unemployment office, the Department of Employment and Economic Development or “DEED” care even more because they are having money problems.  Don’t believe me?  This website confirms Minnesota has incorrectly paid out $35 million in benefits.

    In my opinion, because neither your employer or DEED want issues down the road, they will deny or appeal claims for benefits.

    Are you eligible for Minnesota Unemployment?

    Generally, Minnesota Unemployment is granted to Applicants if they are terminated for reasons other than employment misconduct.  Also, an Applicant can be eligible for unemployment if they quit their job and the law supports their decision to quit.

    Need help?

    If you need help with unemployment benefits for Minnesota, please watch this short clip and contact me for more information.

  • 4 Reasons For Formal Probate And Easy Tips

    4 Reasons For Formal Probate And Easy Tips

    Reasons for formal probate in Minnesota are different for each family.  In my opinion, there are four (4) main reasons a family may want to seek a formal probate process:

    1. Children,
    2. Problems with a will,
    3. Real estate, and
    4. No money.

    I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

    Reasons for formal probate – children

    Putting a child’s best interest first is always number one.  Period.  Luckily, our court system believes this too.

    Yes, the number one reason a family should seek the formal probate process is because the person who died had children under the age of 18.  In my opinion, this is true regardless whether a person had a will.

    Because probate courts in Minnesota frown on giving children assets outright and our Department of Human Services sometimes get involved, heirs or guardians of minors are appointed responsibilities that will have great significance on a child’s well being going forward.  Thus, children are the number one reason for a family to seek the formal probate process.

    Reasons for formal probate – will problems

    A second reason a family likely should petition a court for a formal probate in Minnesota is because the will has problems like:

    Reasons for formal probate – real estate

    More reasons for formal probate include real estate problems like a home needing to be sold.  Generally, this issue does not come up with couples where one spouse is still alive.

    Other times, the necessity to seek a process to maintain a home (heating, general maintenance, etc.) to assure our cold weather does have a negative impact on the home or residence is a good reason to utilize the formal probate process.

    Reasons for formal probate – no money

    Yes, an estate that has no money or is insolvent is a reason for a personal representative to petition a court or venue in Minnesota for a formal probate.

    But wait, the person who died has no money?  Even a person who has no money – generally has money of some amount.  For this reason, Minnesota ranks or prioritizes  creditors.

    The first type of creditor with an interest in an estate with no money is a funeral home.  The second priority are those rendering professional services.  The third most important creditor is the IRS.

    Help weighing reasons for formal probate

    I recognize these issues are complicated and stressful.  If you need help weighing these reasons, please contact me for help.

  • Here is the Best Eulogy for a Spouse or a Loved One

    Here is the Best Eulogy for a Spouse or a Loved One

    Using your next 4 minutes to watch this eulogy for a spouse can be very powerful.

    I am praying for you and your family.

  • Do You Want a Funeral Honor Guard at Your Funeral?

    Do You Want a Funeral Honor Guard at Your Funeral?

    Yes, asking for an Honor Guard to participate at your loved one’s funeral is a wonderful homage to your family with military ties.

    This is the paperwork a Veteran will need in Minnesota and this is what a Funeral Honor Guard looks like:


    https://www.youtube.com/embed/OBfKH1gbQfs

  • Unemployment Questions and my Favorite Answers

    Unemployment Questions and my Favorite Answers

    Getting ready for unemployment questions for your hearing is an important step in winning an appeal.  And yes, the answers you identified in your application are extremely important.

    But, if a person does not know the answers to these three (3) unemployment questions, they will likely fail.

    1. What were your job responsibilities,
    2. Describe your last day of work.

    If you need help working through questions that might impact your case, please contact me for help.

    Unemployment Questions – job responsibilities

    The easiest way an unemployment law judge can determine if a person is credible or not is how they respond to unemployment questions.  Thus, getting the easiest questions “right” is really important.

    In my opinion, nobody, including a judge and former employers, knows their job better than the person who did it on a regular basis.   As an introduction to nearly every unemployment hearing, the unemployment law judge will ask applicants what they did for work and what their job responsibilities were.

    Now, this question is really easy when talking with friends and family.  For whatever reasons, being under oath and responding to a Judge’s questions for the first time is intimidating.  To reduce stress and anxiety, I encourage people to make a list of their job responsibilities before the hearing starts.

    Unemployment Questions – why your job ended

    The next question that usually trips people up is telling a judge why their job ended.  First, a person has to know whether they quit their job or they were fired for something Minnesota unemployment law defines as “employment misconduct“.

    Second, being able to connect a job ending to unemployment rule 268.095 is going to give applicants a significant advantage.

    Unemployment Questions – last day of work

    There is no better way for an unemployment law judge to hear details about a person’s job than reviewing their last day of work.  For this reason, applicants seeking unemployment benefits need to know the details of their last day of work as if it happened yesterday.

    Also, I believe knowing details about the last day of work will help an applicant prevent a lie from gaining traction.

    Help with Unemployment Questions

    If you need help working through questions that might impact your case, please contact me for help.

  • The 9 Hardest Formal Probate Steps

    The 9 Hardest Formal Probate Steps

    There are nine (9) formal probate steps in Minnesota.  Because everybody asks:  yes, there is a difference between an unsupervised versus a supervised formal process in MN.

    Also, selecting the right probate process is even more important if the person who died had no money.

    Formal Probate Steps

    If you are a personal representative and you need help creating forms or complying with the steps outlined below, please contact this law office for help.

    First 4 formal probate steps

    Both an unsupervised and supervised formal probate starts the same.  The first five (5) steps are:

    1. Filing a petition with the right court or venue,
    2. Notice for a hearing given to every interested person and entity,
    3. An actual formal hearing takes place, and
    4. The probate court or venue issues an order.

    Next 5 formal probate steps: Unsupervised

    The next five (5) steps for an unsupervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Estate distribution.Formal Probate

    Next 5 formal probate steps: Supervised

    The next five (5) steps for an supervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Seeking a court order.

    What is the difference?

    One of the biggest difference between a formal and an informal probate process is being forced to seek and ask for a Court’s approval.  In other words, acquiring a court order.

    Yes, reducing liability owed to a creditor, taking the right steps to account for the assets of another person and distributing their assets accordingly to the rules of their will or a court is a responsibility imposed by law.

    If you have time, consider reviewing these rules and laws to help your decision making process.

    Need more help?

    Whether you are a beneficiary or want to be a personal representative of an estate, please contact this law office for help.

  • The Worst Witness Selection Ever Made

    The Worst Witness Selection Ever Made

    Witness Selection for an upcoming unemployment hearing is a significant process.  For one, you need them to show up.  Second, you need them to tell the truth.  Third and most importantly, you need them to help your case.

    If you need help with witness selection, please contact this law office for help.

    Witness selection is important

    In my opinion, the number one reason why witness selection is important is because failing to seek or use a witness at during your hearing will likely be very difficult later on.

    Make your witness show up

    Yes, you can make your witness show up by seeking a subpoena.

    Telling the truth

    Yes, there is recourse or remedy when your employer’s witness selection turns into a lie.  The most significant legal rule to support telling the truth are rules compelling an oath.

    This law office prefers to engage a witness beforehand, ask them questions on their recollection of events and sometimes encourage applicants to seek an affidavit from their witness.

    Will a witness help your case?

    Look, it is better to have as many witnesses as you can to support your claim for unemployment benefits.  Most applicants seeking unemployment benefits are trying to prove a case under rule 268.095.  Yes, this rule can get murky and sometimes even ugly.  There is nothing wrong with preparing to much.

    What should you ask your witness?

    Again, always talk with your witness before your hearing.  This is true because you want to make sure they saw or interpreted your situation like you.

    If you do not know or it is unclear whether your witness selection will be hostile, likely a person should second guess their value.

    Help with witness selection?

    If you need help selecting a witness or seeking, preparing a witness or acquiring a subpoena, please contact this law office for help.