IAJ Law, LLC

Month: December 2017

  • Unemployment Misrepresentation Is Looking Different

    Unemployment Misrepresentation Is Looking Different

    Unemployment misrepresentation is the new unemployment fraud.  If you are new to either of these phrases, let me explain.

    Prior to the year 2017, the unemployment office made a distinction between fraud and non fraud overpayments.  As of the date of this post, the unemployment office (or DEED) is now using the phrase “misrepresentation” to impose scare tactics and crazy monetary penalties.

    Luckily, people are seeking help to identify how they should proceed with an overpayment, audit, or accused of unemployment misrepresentation.

    New Law for Unemployment Misrepresentation

    Really, the law is edited versus new.  Minnesota’s unemployment office has been using the rules to attach ridiculous penalties for a long time.  Here is what Minnesota statute 268.18 says right now:

    An applicant has committed misrepresentation if the applicant is overpaid unemployment benefits by making a false statement or representation without a good faith belief as to the correctness of the statement or representation

    In my experience, I found the 2016 law more advantageous for Applicants.  Really, the issue for the majority of people impacted by this law will be figuring out when a decision (whether from DEED or an unemployment law judge) became final.

    For some, the old rule still applies.  For many others, the new law will be more impactful.  Thus, it is worth the effort to have a case reviewed.

    Unemployment Misrepresentation Penalties

    For those who have dealt with unemployment misrepresentation or fraud before, one can quickly see that Minnesota still charges a 40% penalty.  In other words, if DEED claims a person was overpaid $100 dollars in benefits, they will be charged $140 dollars.

    To make matters even worse, Applicants are at risk of criminal penalties, administrative penalties, additional interest, and levies.

    I agree their 40% penalty is unfair and it might even breach usury laws outlined in the Christian Bible.  But, focusing one’s time on finding a way to remove the misrepresentation claim is going to be more productive.

    Where Do Most Misrepresentation Cases Start?

    There isn’t one specific area.  But, a lot of unemployment misrepresentation claims start from an audit or overpayment case.  Usually, these types of issues being with a questionnaire.

    Unfortunately, everybody is at risk of being audited.  Here are a few popular issues:

    Proving Unemployment Misrepresentation

    When an applicant or worker is unprepared, the State of Minnesota has the upper hand.  Luckily, if an Applicant understands what they are trying to accomplish, I believe a lot of people can turn a bad outcome into a good outcome.

    For those willing to take the time, literally, every detail needs to be explored.  This means scrutinizing why a job ended, the application for benefits process, and each week of benefits sought.

    For those needing help, please contact me directly.

  • For People Scared of a MN Unemployment Appeal [Updated]

    For People Scared of a MN Unemployment Appeal [Updated]

    Applicants who fear the MN Unemployment Appeal process are usually scared for three reasons:

    • They have never done this before,
    • Afraid of getting in trouble, or
    • Making ends meet.

    Even if all three apply to your specific situation, I believe taking this process in steps is the best process.  For the jobless, a phone call could happen any minute.  For people who are scared, let us start from the beginning.  And, for those experiencing an economic hardship, stay positive.

    That aside, unemployment benefits in Minnesota is a maze.  You have enough experience to know that most mazes can be solved by starting at the end and working backward.  Thus, lets quickly review five potential ends and see where it takes us.

    MN Unemployment Appeal – Level 0:  Application

    The first level is the application process.  Everybody starts here.  Unfortunately, a lot of people can mess this up before their claim gets going.

    Also, I believe it is a bad idea to ask the unemployment office for help.  I know they mean well, but it isn’t an accident that their mistakes turn into my cases.

    Because all benefits start with an application, I call this Level 0.

    MN Unemployment Appeal – Level I:  Phone Appeal

    When an application gets denied or an employer claims benefits should not be awarded, a Level 1 appeal is the second step.  Upon appealing a denied application, a meeting is set up such that people can talk to an unemployment law judge.

    Even though this type of appeal is conducted by phone, do not let this fool you.  The Level I Phone Appeal is the most critical level because it impacts every level going forward.

    Why is this true?  Well, the more levels you work through, the more difficult it becomes for people to use evidence or testimony to your advantage.  Also, if you do not raise a specific legal issue during the Level I process, it will become increasingly difficult to raise an issue down the road.

    For example, say a person is confused whether or not they should state whether they were fired from a job or quit.  Well, this is an issue that needs to be thought through so you can identify your offensive and defensive strategy.  If done incorrectly, an applicant might jeopardize their whole case.

    MN Unemployment Appeal – Level II:  Request for Reconsideration

    The losing party (applicant or employer) from a Phone Appeal can appeal their case a second time.

    The second type of MN Unemployment Appeal is called a Request for Reconsideration.

    A Level II appeal is different from a Level I appeal in the sense that it is mostly paperwork.  An MN Unemployment Appeal under Level I involves testimony.  However, a Level II appeal is limited to written communication between you and the assigned unemployment law judge.  For this reason, a Level II appeal is paperwork.

    MN Unemployment Appeal – Level III:  Minnesota Court of Appeals

    The third type of MN Unemployment Appeal is an appeal to the Minnesota Court of Appeals.  This type of appeal is not as expensive as you might think.

    Instead, it is the time that it takes for this element of the process to finish which is most surprising.

    An Employer or business is required to be represented by an attorney when heard by this Court.  On the other hand, an  Applicant can represent themselves Pro Se.

    MN Unemployment Appeal – Level IV:  Minnesota Supreme Court

    The fourth type of MN Unemployment Appeal is an appeal to the Minnesota Supreme Court.  Generally, very few cases make it to this level.  Because this law office has sought relief for unemployment claims by way of the Minnesota Supreme Court, this level should be approached with even more care than those expressed above.

    The difference between a Level III appeal and a Level IV appeal is the fact the Minnesota Supreme Court charges a court fee.  Unlike Level III, an attorney is required when seeking an MN Unemployment Appeal before the Minnesota Supreme Court.

    Where to go for help with an MN Unemployment Appeal?

    Regardless which level you need help with, remember the rules governing the MN unemployment appeal process are different depending on whether you are the Applicant or the Employer.  

    I wish you the very best.

  • 4 Estate Planning Tips For the Advent and Christmas Season

    4 Estate Planning Tips For the Advent and Christmas Season

    Advent is a special season for many Christian families.

    As you prepare for your celebration, here are four (4) quick tips you can apply to your estate plan.

    If you find these tips to be helpful during this holiday season, please share with your congregation.

    Advent Tip #4: Connect the Past with the Present

    Certainly, gathering for a celebration like Christmas is a fun event.  Your family’s legacy requires passing your knowledge and symbols onto the next generation.  For some, this includes pictures.  For others, this includes scrapbooks, heirlooms, and collections.

    Thus, connect past advent seasons with the present by adding a special ornament to your Christmas tree.

    Advent Tip #3: Recipes Are Underutilized

    A lot of people cannot wait to ask me how to pass their mother’s wedding ring onto the next generation when Grandma’s famous pie crust made more people smile.

    I agree, passing along jewelry is important.  But, it isn’t everything.  In my experience, tasting an old family recipe can have a greater impact on the family as a whole.

    Thus, during this holiday season, I challenge you to track down an old family recipe and add it to your estate plan.

    Advent Tip #2:  Share With Others

    Giving our time can mean more than making a gift of cash.  Of course, you already know this, but when we are gone, time no longer matters.

    Personally, I think sharing a percentage of our estate with a charitable group is far more advantageous than identifying a specific gift or dollar amount.  Here are a few other charitable examples.  Otherwise, every situation and person is different.

    Thus, if you are accustomed to sharing with others, then perhaps now is a good time to add a sharing clause limited to a specific percentage to an estate plan.

    Advent Tip #1:  Take Care of Yourself

    Christmas is a wonderful time to give.  But, advent is a season of preparation too.  As you prepare, consider locking down a plan for yourself too.

    Thus, if you need help with your plan, please contact me directly.