Month: October 2017

  • Unemployment Overpayments Are Going Up

    Unemployment Overpayments Are Going Up

    Unemployment overpayments in Minnesota are no joke.  In the year 2016, Minnesota had a huge problem with overpayments to the tune of $79 million dollars. In 2025, this problem jumped to over $300 million dollars.

    Hard to believe, right?  


    Unemployment Lawyer

    Unemployment Help


    For those confronted by an overpayment appeal, time is of the essence.  If you are in need of feedback, please consider this brief outline of the unemployment appeal process.

  • Denied Unemployment for 34 Jobs

    Denied Unemployment for 34 Jobs

    Getting denied unemployment benefits calls for an appeal.  Unfortunately, there are 34 jobs that always get denied because Minnesota views them as “noncovered employment“.

    When the issue presents its self, I believe workers, employees, and executives should always argue why their job is “covered employment”. Nonetheless, here are 34 jobs that typically get denied unemployment benefits until proven otherwise:

    List of Denied Jobs for Unemployment

    This list comes from a poorly drafted Minnesota law. Luckily, Minnesota has other laws that favor awarding benefits. Nonetheless, here are a few areas that cause problems:

    (1) Employment for the United States government or an instrumentality thereof, including military service;

    (2) Employment for a state, other than Minnesota, or a political subdivision or instrumentality thereof;

    (3) Employment for a foreign government;

    (4) Employment covered under the Federal Railroad Unemployment Insurance Act;

    (5) Employment for a church or convention or association of churches, or a nonprofit organization operated primarily for religious purposes that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

    (6) Employment for an elementary or secondary school with a curriculum that includes religious education that is operated by a church, a convention or association of churches, or a nonprofit organization that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

    (7) Employment for Minnesota or a political subdivision, or a nonprofit organization, of a duly ordained or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by the order;

    (8) Employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving rehabilitation of “sheltered” work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or a program providing “sheltered” work for individuals who because of an impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. This clause applies only to services performed in a facility certified by the Rehabilitation Services Branch of the department or in a day training or habilitation program licensed by the Department of Human Services;

    (9) Employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving work relief or work training as part of an unemployment work relief or work training program financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof. This clause does not apply to programs that require unemployment benefit coverage for the participants;

    (10) Employment for Minnesota or a political subdivision, as an elected official, a member of a legislative body, or a member of the judiciary;

    (11) Employment as a member of the Minnesota National Guard or Air National Guard;

    (12) Employment for Minnesota or a political subdivision, or instrumentality thereof, of an individual serving on a temporary basis in case of fire, flood, tornado, or similar emergency;

    (13) Employment as an election official or election worker for Minnesota or a political subdivision, if the compensation for that employment was less than $1,000 in a calendar year;

    (14) Employment for Minnesota that is a major policy-making or advisory position in the unclassified service;

    (15) Employment for Minnesota in an unclassified position established under section 43A.08, subdivision 1a;

    (16) Employment for a political subdivision of Minnesota that is a nontenured major policymaking or advisory position;

    (17) Domestic employment in a private household, local college club, or local chapter of a college fraternity or sorority, if the wages paid in any calendar quarter in either the current or prior calendar year to all individuals in domestic employment totaled less than $1,000.

    (18) Employment of an individual by a son, daughter, or spouse, and employment of a child under the age of 18 by the child’s father or mother;

    (19) Employment of an inmate of a custodial or penal institution;

    (20) Employment for a school, college, or university, by a student who is enrolled and whose primary relation to the school, college, or university is as a student. This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses;

    (21) Employment of an individual who is enrolled as a student in a full-time program at a nonprofit or public educational institution that maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, taken for credit at the institution, that combines academic instruction with work experience, if the employment is an integral part of the program, and the institution has so certified to the employer, except that this clause does not apply to employment in a program established for or on behalf of an employer or group of employers;

    (22) Employment of university, college, or professional school students in an internship or other training programs with the city of St. Paul or the city of Minneapolis under Laws 1990, chapter 570, article 6, section 3;

    (23) Employment for a hospital by a patient of the hospital. “Hospital” means an institution that has been licensed by the Department of Health as a hospital;

    (24) Employment as a student nurse for a hospital or a nurses’ training school by an individual who is enrolled and is regularly attending classes in an accredited nurses’ training school;

    (25) Employment as an intern for a hospital by an individual who has completed a four-year course in an accredited medical school;

    (26) Employment as an insurance salesperson, by other than a corporate officer, if all the wages from the employment is solely by way of commission. The word “insurance” includes an annuity and an optional annuity;

    (27) Employment as an officer of a township mutual insurance company or farmer’s mutual insurance company under chapter 67A;

    (28) Employment of a corporate officer, if the officer directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer corporation, and employment of a member of a limited liability company, if the member directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer limited liability company;

    (29) Employment as a real estate salesperson, other than a corporate officer, if all the wages from the employment is solely by way of commission;

    (30) Employment as a direct seller as defined in United States Code, title 26, section 3508;

    (31) Employment of an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

    (32) Casual employment performed for an individual, other than domestic employment under clause (17), that does not promote or advance that employer’s trade or business;

    (33) Employment in “agricultural employment” unless it is “covered agricultural employment” under subdivision 11; or

    (34) If employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment. “Pay period” means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.

    Denied Unemployment for Noncovered Jobs

    If you were denied unemployment because of a non-covered job, please reaching out for support.

  • Dress Right Dress Your Estate Plan

    Dress Right Dress Your Estate Plan

    As you know, dress right dress is a marching command.  Behind attention and at ease, dress right dress is one of the first marching commands we learned in the military.  Do you remember it’s meaning?

    The dress-right-dress command is simple:  are you lined up with what is next to you?  As easy as it might be, wow…I saw a lot of people get smoked for failing to look right.

    Anyways, let’s use this simple command (minus the folks who are getting PT-ed as we speak and apply it to our life as it stands today.

    Dress Right Dress Your Estate Plan

    Before you ship out to Heaven, can you please organize your docs in a specific spot?  Otherwise, your family is stuck waiting for a statement in the mail.  Unfortunately, if you opted out of your monthly statement, the wait might be even more problematic.

    You already know this, but I will share it anyways.  The idea of putting things in order is critical for our children and spouse.  Usually, a spouse can pick up the pieces if this issue gets breached.  Our children, not so much.

    Dress Right Dress Your Home

    It blows my mind how many people are willing to send money to a mortgage company and they fail at filling out a transfer on death deed.  Obviously, these types of forms require a specialized knowledge.  But, they are usually very inexpensive and a lifesaver when crisis mode turns into a funeral.

    Dress Right Dress Your Beneficiary Forms

    If you took one of my community education classes, you already know this.  For those who haven’t, here it is one more time: beneficiary forms usually trump a will.  Even those amongst us who are avoiding a will can agree that acquiring copies of beneficiary forms is easy peasy.

    Finally, if need help with your dress right dress, I am here.

  • Estate Plan Crisis Mode And Tearing Apart the House

    Estate Plan Crisis Mode And Tearing Apart the House

    Crisis mode is different for every family.  Minus the few who handle illness and death with ease, a crisis can cause panic and confusion.  I believe in helping our loved ones with the following process:

    • Create a loud colored binder for every member of the family
    • Place each binder on an accessible shelf
    • Use when needed.

    Crisis Mode:  Loud Colored Binder

    Estate Binder
    Estate Binder

    Some of my favorite loud colored binders are yellow, lime green, orange and red.  The idea is simple.

    Look for my yellow binder…it is near my bed

    or

    My social security card is in my orange binder

    In other words, I believe folks need an identifiable spot that keeps our most important documents.

    Crisis Mode:  Binder for Every Family Member

    In all honesty, I am being picky.  But, as people (young and old), everybody has a different plan.  Even when our plan is the same as our spouse, the plan is still unique to us as a person.

    For this reason, I like the idea of maintaining a file for each person.  This might include:

    • Birth Certificate
    • Social Security Card
    • Marriage Certificate
    • Health Care Directive
    • Power of Attorney
    • Will
    • Standby Guardian Authorization
    • Beneficiary Forms
    • Trust Documents
    • Veterans Forms
    • Divorce Decree
    • Funeral Directive

    Again, everybody’s binder will be different.  The whole idea of having an organized spot for each family member is this: when a crisis hits, nobody wants to drag around documents that do not pertain to our loved one.

    Crisis Mode:  Use When Needed

    Unfortunately, I am speaking from personal experience.  When something goes wrong or a person is unexpectedly in the hospital, it is difficult to think clearly.  Even worse, a lot of family members fail at finding a specific document without tearing apart a home.

    In my experience, this can be avoided by talking and planning.  Thus, I like the idea of having a binder that is accessible when needed and organized accordingly.  

  • Wages:  Unemployment Tip #009

    Wages: Unemployment Tip #009

    Wages and unemployment benefits go hand-in-hand. The more money an employee earned, the more in unemployment benefits they can receive.

    Sometimes, this is where workers who get a 1099 or those collecting tips get stuck fighting backpay issues.

    That aside, here is the tip:

    Unemployment Tip # 009 –  Applicants should always be watching their mailbox for opportunities to appeal a wage determination, which does not necessarily appear online under an applicant’s benefit account”  

    Unemployment Lawyer

    Unemployment Help

    In other words, after a worker or employee applies for benefits, likely they will receive a statement in the mail. Usually, the statement will show a breakdown of wages over the last four to five quarters.

    If DEED’s statement is wrong, Applicants might need to consider the pros and cons of filing an appeal.

  • 8 Ways to Make an Estate Gift to Your Church

    8 Ways to Make an Estate Gift to Your Church

    Patrons wishing to make a gift to their church are running into problems when they try to incorporate wishes into an estate plan.  Luckily, there are some strong alternatives.

    Legal Forms to Help Gift to a Church

    Generally, an estate plan can utilize eight (8) different ways to make a gift to your Church.  Unfortunately, each method or form can bring with it a different set of problems.

    8.  Prayer,
    7.  Your time,
    6.  Cash gift before death,
    5.  Transfer on death deed,
    4.  Beneficiary forms,
    3.  Irrevocable trust,
    2.  Revocable trust, and
    1. Will

    Estate Gifts versus Tithe or Tithing

    I hope this doesn’t happen to your family, but entering an ICU or long term nursing care facility can really drain one’s assets.  In my experience, identifying a specific cash donation within a will or trust is a poor plan.  For one, nobody really knows how much we will have when we die.

    Instead of adding an exclusive cash gift, I like the idea of designating a strict percentage.  For example, I bequest five percent (5%)….to ___________.  For some, the idea percentage is a set percentage called tithing.

    Again, if we are lucky to die with assets, then contributing a specific percentage is easier to manage and is less likely to make life difficult for a Personal Representative.

    Best and Worst Way to Gift to a Church

    There isn’t a best way to make a gift to a church.  If folks are able, then great.  If they cannot, then that is okay too.

    That said, there are a few methods of gift giving that I discourage.

    The first method I discourage folks from making is the process of gifting their home.  Quite frankly, very few churches want to manage real estate.

    Personally, I like the idea of granting a Trustee an opportunity to sell a residence on behalf of a person and using the proceeds as desired.  In other words, making it easy on a Church to accept a cash gift versus a home.

    The second method I discharge folks from making is the process of making a church or a pastor an executor.  Again, most folks would agree that a church is by our side for spiritual guidance versus the estate transfer process.

    Thus, if gifting to a church is what a person desires, make the process easier by using a trust or will.

    If you need help with this process, please contact me.