Month: August 2017

  • Why are the Unemployment Appeal Statistics Posted for Minnesota Wrong?

    Did you see the latest unemployment appeal statistics for Minnesota?  Well, if you haven’t, the Department of Labor has been publishing quarterly stats.  Unfortunately, their stats are wrong.

    Unemployment Appeal Statistics in General

    First, the types of appeals are endless.  Some people are appealing eligibility issues, while others are appealing their job search process or wage reports.  To lump these types of appeals into one category with one number is ridiculous.

    Second, acquiring Minnesota’s reversal statistics specific to an unemployment appeal is nearly impossible.   Even with the Freedom of Information Act, pulling data specific to the reversal rates of an unemployment appeal is almost a lost cause.

    Third, the numbers reported are exclusive to cases involving an “appellant”.  In Minnesota, an applicant seeking benefits doesn’t get called an appellant until they appeal to Minnesota’s Court of Appeals.

    Even more significant, there are four types of unemployment appeals.  Getting to the Court of Appeals is Level 3.  Everybody appealing to the Court of Appeals have lost at the first or second level.  The data posted by the Department of Labor fail to include cases that were reversed during a phone hearing or reconsideration.

    Further, the Court of Appeals doesn’t charge a court fee to applicants and employers seeking an appeal.  In my experience, this means cases that have no business being appealed are indeed, getting appealed.

    Thus, we are left with a number that doesn’t mean what people think it means.

    What This Means for Applicants in Minnesota

    The posted numbers should mean absolutely nothing to Applicants trying to appeal their case.  Everybody has a different story  or event that led to an appeal.  Assuming otherwise lessens the process.

    Instead, I encourage my Clients to focus on the “why” a case is going to be successful.  Submit evidence and applying the strongest applicable rule favoring eligibility is a much stronger position.

    For those who need one-on-one attention, please contact me directly.

  • Should We Avoid Minnesota’s Oral Trust Agreement Laws?

    Just because Minnesota has an oral trust agreement law, doesn’t mean we should rely on it in a time of need.  None the less, the MN law that allows a verbal trust agreement in certain situations might come in handy during desperate times.

    Still, the preferred method of creating a formal written document should always be the first and second option.

  • Unemployment Tip # 007 – Unemployment Luck Isn’t Real

    Recently, I have worked with a number of applicants trying their hand at being lucky.  In other words, leaving their appeal up to chance.  For this reason, I believe the unemployment tip referenced below is going to save people from making a bad choice.

    Unemployment Tip # 007 –  Being lucky versus good is a horrible strategy.  Instead, assume the unemployment law judge is not looking out for the Applicant’s best interest and know which rule proves one’s eligibility.”  

    In other words, hoping an ULJ will pick the right law to grant benefits is a loosing strategy.  Instead, focus on the strongest argument favoring benefits.

  • An Interview For The Unemployed Worker in Minnesota Got Ugly

    An interview for the unemployed is stressful.  Answering questions about a job loss makes this process even more difficult.   This is especially true when a person does not know how to classify the events that led up to their job ending.

    Because most folks who contact me are unemployed, I am very familiar with this type of anxiety.

    Being Scared about the Unemployment Label

    No, I do not think workers should be scared of referring to their job loss as a lay off.  Really, what alternative do we have?  It happened and now we need to move on, right?  On the other hand, we cannot make the situation worse by falling for a trap.

    For one, a layoff and getting fired is practically the same thing.  The distinction people get stuck on, are the words and events that led to their job ending.

    Whether an employer is honest or they stretch the truth to avoid unemployment taxes imposed by Minnesota, is not a problem or issue a person should bring to their next interview and job.  Please read on, for more tips.

    Interview For the Unemployed Worker:  Resume

    Personally, I like to see people focusing more on their skills and talents within a cover letter, resume or application than a negative.

    First, time and space is of the essence.  Second, the interview process is likely the better venue for discussing a job loss.  Third, a person gets hired based on their talents.  You already know this, but I will say it always: focus on your positive attributes instead.

    Applications for Unemployed Workers in Minnesota

    Surprisingly, I meet with a lot of people who cannot wait to fill out a job application and use their past employer as a reference or summarize a storyline that led to their job ending.  Don’t do this!

    Would a divorced person encourage a potential date to ask their ex-souse questions about a past marriage?  Of course not!  Your divorced?  Ok, lets move on.  Likewise, I believe the same is true for folks filling out applications and work past the unemployment process.

    That said, a person who is divorced shouldn’t lie about being married.  And, job applications shouldn’t lie about having a past job.

    The trick is keeping it simple.  In my experience, a lot of employees, workers, managers or whatever, are able to state with a clear conscious that their job ended because they were laid off.  Period.  When the situation is more complicated, I think seeking help is highly encouraged.

    Unemployed Workers Getting Interviewed

    Every person who has suffered a recent job loss (quitting or otherwise) should take their unemployment benefits seriously to assist in their transition.  After that, focus on acquiring an interview.

    The difference between a bad interview and a great interview is preparation.  Unfortunately, unemployed workers are failing at the interview question about their job loss.  Sometimes, future employers use “why do you want this job” as another way of asking about your job loss.  Do not fall for this trap.

    Luckily, you read this article and contacted me directly.  Limiting an answer to a lay-off is so much easier than talking about a bunch of events which only a significant other and an attorney should know about.  Perhaps you agree.

    Either way, I wish you the very best.

  • Unemployed Workers: Check Out These Job Stats in Minnesota

    Job stats are important for unemployed workers in Minnesota. Here is one external web link, I believe helps people determine which job categories are more promising than others.

    Thus, if you are unemployed for the first time or seeking an appeal, please check out the above link, to help your job search.

    I wish you the best.

  • Unemployment Tip #006 – Evidence for an Unemployment Appeal

    Evidence for unemployment can take on many different forms. For some, this means seeking a positive review, while others want copies of a video tape. That said, don’t underestimate the power of the spoken word.

    Unemployment Tip # 006 –  An Applicant’s testimony can sometime be more important than other forms of evidence, like a document, e-mail, etc.  When faced with an appeal, verbalizing facts in a precise order can help Applicants win their appeal.”  

    After pinpointing one’s own testimony, then start the process of collecting evidence.  Perhaps this means making a decision about a subpoena. Either way, here are a few examples of evidence:

    • An employee handbook,
    • Job posters,
    • History of other employees in a similar position,
    • Positive performance reviews, etc.

  • Minnesota’s Drug Testing Laws

    Minnesota’s drug testing laws for employees stems from Minnesota Chapter 181.  Sometimes, folks might hear the testing rules called DATWA, or Minnesota’s Drug and Alcohol Testing in the Workplace Act.

    As you can see, this rule is extremely complex, and every situation will produce a different set of facts and or outcome.

  • Everybody Died and My Corporate Trustee Increased Their Fees

    When I meet with families for the first time, identifying a corporate trustee within a revocable trust is always an unusual conversation.

    Before describing why, lets quickly outline what it means to identify a third-party trustee that is unrelated to you and your family.

    A corporate trustee is a business or entity (like a bank or wealth management company) that agrees to manage and administer a trust.  As you might suspect, this agreement is based on paying a service fee.  Generally, this is where people back away.

    Really though, I like the idea of engaging an entity as a back-up to the back-up for one reason:  just in case we all die.  Here is what I mean.

    Corporate Trustee:  Everybody Dies

    Like you, I do not like to think about my death.  Taking this nightmare to the next level, I do not like the idea of thinking about dyeing in a car accident with my closest family matters (minus the one grandchild  or child hanging out with a babysitter).   Far fetched, but possible.

    Anyways, I love the idea of making sure my trust has the power to implement Minnesota statute 501C.074, versus making a trustee or guardian seek authorization from a court to fill a trustee vacancy.  I like this idea because I want my assets distributed amongst my beneficiaries versus court fees.  Also, I cannot predict the far fetched future (North Korea?).

    Even better than adding the Fancy in Trusteeship or Successor Appointment rule is helping out by selecting an entity to act as my corporate trustee.

    Thus, updating a revocable trust to account for vacancies makes sense.

    Corporate Trustee:  Running from Fees

    Of course, the one reason people balk at the idea of selecting a corporate trustee (even as a back-up to the back-up) is the fear of paying corporate fees.  Certainly, I agree.  If ATM fees make you go crazy, corporate trustee fees might make you sick.

    On the other hand, family dynamics can be the deciding factor.  Some realize their family is not sophisticated enough to manage a trust, while others are fearful of family members arguing over silly things.

    The intentions of the settlor (the person who made the trust and identified a third party to manage it) is what matters most.  In my experience, having a person with specialized knowledge to administer a trust can be a breath of fresh air.

    Corporate Trustee:  One of My Favorite Approaches

    The value of thinking through the issue of selecting a corporate trustee is sometimes overwhelming.  Although not for everybody, one of my favorite approaches is selecting a personal friend or family member as my trustee and making a corporate trustee their partner.  In other words, both serving as co-trustees.

    Personally, I think this accomplishes a handful of goals:

    • Reduces fiduciary stress,
    • My trustee can lean on an entity I pre-selected,
    • And, if my trustee gets sick or is no longer able to help, they have a back-up too.

    Final Thoughts

    Just to be clear, a person wishing to create a revocable trust is not required to select or identify a corporate trustee.  Instead, I only bring to your attention because it is a nice alternative for people concerned about selecting a trustee or not knowing enough trustworthy people to manage their affairs.

  • Quit or Discharge: Unemployment Tip #005

    Quit or discharge is a confusing question. In fact, it isn’t even a question. Instead, it is a legal issue often addressed by an unemployment law judge.

    Sometimes, workers and employees are confused whether they quit their job or were fired.  Applicants should never argue they do not know whether they quit or were terminated.  Instead, find the unemployment law that best supports eligibility. 

    Unemployment Tip # 005 –  When the reason a job ended is an issue, Applicants should never argue that they do not know. Instead, find the unemployment law that best supports eligibility.”

    Before selecting quit or discharge, know that every question is a trick question.  Really though, employees seeking unemployment benefits can take their case under control by knowing which element of rule 268.095 applies to them and why.

  • No DBQ Forms for These Veteran Medical Issues

    As of now, there are no DBQ forms for the following medical issues:

    • Hearing Loss
    • Tinnitus
    • Traumatic Brain Injuries
    • Cold Injury Residuals
    • Prisoner of War Examinations
    • Gulf War Examinations
    • General Medical Exams
    • And, many others.

    What is a DBQ Form

    A DBQ Form is a “Disability Benefits Questionnaire” that private doctors fill out for military veterans seeking disability benefits.

    In theory, a DBQ form is used to assist the VA with expediting the claim process.

    No DBQ Forms, But Look Here Anyways

    Even though I created a list of medical exams that do not include a DBQ form, maybe you can find a form that helps your cause.  Thus, I encourage all military veterans to review this VA page on DBQ forms.

    Help with DBQ Forms

    Long story short, please contact me directly, if you or another military veteran needs help with a DBQ form or finding doctor to assist in this process.

  • Grandma’s Revocable Trust Before She Went Into a Nursing Home

    When I think about Grandma’s revocable trust, I think about her independence.  Wow, she is unbelievably strong and mentally sharp.  Like you, I love my grandmother.

    That said, there will be a day, when a grandmother will need help from her trustees.  On that day, her trustees will be asked to determine whether Grandma should fund a different kind of trust, to avoid the agony of handing her assets over to the State.

    Here are two possible alternatives:

    • Supplemental Needs Trust
    • Special Needs Trust

    If you have the time, lets take a quick look at these types of documents.

    Supplemental Needs Trust for Grandma

    As an alternative to Grandma’s revocable trust, consider a supplemental needs trust.  A supplement needs trust helps grandma pay for needs not provided by a government-funded program.  These types of trusts are for people of any age, provided they are not 65 years old or older, have a disability and are living in a long-term care facility.

    In other words, if Grandma wants to utilize a supplemental needs trust, she needs to make it happen before she enters a nursing home. Between you and me, I wish this wasn’t the case.  But, Minnesota law 256B.056 tells us differently.  Otherwise, families risk a State audit or declaration document and exposing assets to creditors (like the nursing home).

    Even more cool, is the fact these types of trusts allow for beneficiaries, like children and grandchildren.  Provided the beneficiary themselves doesn’t establish the trust (or act as the trustee), this type of estate planning tool can provide a lot of relief.

    Special Needs Trusts for Grandma

    Another alternative to Grandma’s revocable trust is a special needs trust.  Unfortunately, these types of trust documents are far more strict and less exciting.  Why?  Because Grandma’s assets usually end up with the State or health care provider.

    None the less, a Special Needs Trust is for Grandma when she has a disability and is older than 65 years of age.  The reason Grandma might like this type of setup is because it protects her assets through her lifetime.  For those wondering, the rules applicable to a special needs trust is a fancy law called the Omnibus Budget Reconciliation Act of 1993, or OBRA.

    Grandma’s Revocable Trust is Easy to Covert

    If you stepped away to help your grandma with the cable tv, know that her trustee should be able to covert or transfer assets from a revocable trust to a trust document described above.  Really, it boils down to whether or not Grandma has a disability and her age.

    Personally, I like the idea of adding an amendment or clause to a revocable trust granting the trustee this type of control.  Other times, people create a supplemental needs trust, fund it accordingly and lean on their trustee(s).