Month: March 2018

  • Richfield Estate Planning Class Was a Success!

    The Richfield estate planning class I presented yesterday evening went great and I am grateful for your attendance.

    The name of the class was How to Create an Estate Plan for Less Than $30.

    In case you missed it, we discussed simple estate planning documents that we can be completed very easily.  These documents included:

    • Power of Attorney
    • Health Care Directive
    • Beneficiary Forms
    • Will

    Of course, these documents require an attention to detail, which was the focal point of the class handouts and supporting resources.

    Richfield Estate Planning: More Classes Coming

    Yes, there are many more classes scheduled.

    Thus, please use Richfield Community Education site or the events page herein to sign up for a future event.

  • A Business Partnership Might Be Bad for a Veteran Owned Biz

    A Business Partnership Might Be Bad for a Veteran Owned Biz

    A business partnership is a fun phrase to use when you want to engage another person or entity.  On the other hand, using this term incorrectly or failing to address the terms of a partnership can have a detrimental impact on Veteran-owned businesses.

    In general, a biz partnership means two parties what to share profits and losses, including past debts.  Unfortunately, small businesses are fooled into thinking an undefined partnership is a wonderful thing.

    Working towards a common goal sounds great until your quasi-business partnership runs into a snag.

    Avoid Business Partnership Problems

    Here are a ways Veterans can avoid problems:

    • Never use the word “partnership”
    • If a partnership is desired, have a written agreement defining the relationship,
    • Determine whether Minnesota Chapter 321 is appropriate or if a different business statute makes sense

    Business Partnership Success Stories

    Do not get me wrong, there are many examples when a partnership makes great business sense.  The issue is not goal based.

    Instead, a successful partnership starts with understanding expectations.  Failing to define this type of professional relationship can risk piercing a corporate veil or negating the value of using a legal entity in the pursuit of commerce.

  • Unemployment Tip # 011 – Unemployment Research

    Unemployment Tip # 011 – Unemployment Research

    Conducting unemployment research for an unemployment appeal is way more complicated than conducting a Google search.

    Sure, doing a quick search online makes sense as a starting point, but the law or legal issue you are researching is going to take a little more work.

    Unemployment Tip # 011 – Every Applicant conducting DIY legal research for an unemployment claim or appeal should put down their phone and go directly to Minnesota’s exclusive law library or their nearest County Law Library .”

    Unemployment Research Starting Point

    Unfortunately, there isn’t a strong public website that helps people conduct free unemployment research.  Ideally, applicants, employees, workers, etc. are using one of three sites:

    • WestLaw
    • LexisNexis
    • FastCase

    Even more disappointing, these resources cost money to utilize.  Generally, this is an advantage of seeking help from a lawyer.  Even more significant, doing legal research on “legal issues” only works when folks know what it is that they are researching.   Generally, errors of law or constitutional issues tend to be a little more challenging for people to see as an issue.

    Nonetheless, Do It Yourself legal research is not impossible, provided people are able to access the three legal websites referenced above.

    Identifying a specific legal issue is an art based on experience and education.  Sometimes, the unemployment office will suggest an issue like eligibility or employment misconduct.  Sometimes, reading the letters submitted by DEED can be very helpful in the process of catching garden-variety legal issues.  Other times, this has the opposite effect and sends folks on a wild goose chase.

    Thus, knowing this can be important.

    Why You Should Care About Unemployment Research

    In case it is not obvious, doing research during the unemployment appeal process is important because unemployed workers can use other cases to support their claim.  For example, imagine finding a published case that matches one’s circumstances.  Well, this would be very helpful to one’s claim.

    As an alternative, imagine finding a similar case that weakened one’s claim for benefits.  Knowing this would be just as significant so one did not duplicate legal arguments that have failed in the past.

    Thus, legal research for your upcoming unemployment appeal is important.

  • Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed workers are scared, and I know it.  Very few people wanted their job to end.  For those that quit their job, the process of appealing benefits can be just as difficult.  So far, nothing new.

    However, when the other side hires a big bad law firm to fight your appeal, it can send some folks into a spiral of anxiety.  On a human level, I try to do everything in my power to help people overcome these fears by:

    • Outlining Options and
    • Keeping them Informed.

    Perhaps this will help.  Except for seasonal workers, most people encounter the unemployment system once or twice in a lifetime, maybe never.  As a result, being scared is normal, if not the general rule.

    Scared of the Big Bad Law Firm

    Take comfort in your story and your situation.  The process of proving an unemployment claim does not hinge on the other side’s attorney.  The applicant’s story, whether an employee, worker, executive, or otherwise is the most significant piece to the puzzle.

    Yes, strategies might change slightly.  But, facts are facts.  What makes the process somewhat difficult are the lies that appear as facts.  When this happens, applicants seeking benefits need to hold the line and identify exactly where the employer’s story went wrong.

    Attorney for Attorney

    No, just because an employer hired a big bad law firm, this doesn’t mean applicants are stuck, hopeless, or on the verge of getting squashed like a banana.  In my experience, unemployed workers need every dollar they have to support their transition from no job to a new job.  But, meeting with an attorney makes sense when:

    • Folks want to know if they have a strong argument,
    • Learning how to turn a bad case into a good case,
    • Identifying key facts,
    • Picking pieces of evidence,
    • Familiarizing oneself with the process and how to strike first, and
    • Peace of mind.

    Again, an attorney is not for everybody, yet there are other people who desperately need one-on-one assistance.  Ultimately though, it is a personal choice.

    Unemployment Fears Go Away

    Browsing the web for answers is stressful.  But, I believe those unemployed fears can go away or lessen.  Fear of an appeal becomes less and less when employees verbalize their reasoning and are prepared for the difficult question.

    The actual fear of being unemployed goes away when workers find ways to get out of their home (volunteer, part-time work, etc.) and when a full-time job is within one’s grasp.

    In case you need a reminder, that next phone call or e-mail with a job offer could literally be minutes away.  I wish you the best.