Month: July 2018

  • Quitting Your Job and Getting Unemployment

    Quitting Your Job and Getting Unemployment

    Because Minnesota has rules that support unemployment benefits for workers who quit their job, gathering evidence or documenting events or conversations can be extremely helpful.  For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes.  

    That said, a lot of people are not able to gather or acquire documents prior to their job ending.  Luckily, there are ways for unemployed workers to acquire evidence.  In addition to subpoena power, an applicant in Minnesota can use Minnesota statute 181.961 to acquire a copy of a personnel file.

    Unemployment Tip # 016 – Because Minnesota allows unemployment benefits for workers who quit their job, I like the idea of gathering evidence prior to quitting.  For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes.  Also, I like the idea of acquiring contact information from co-workers who might be able to assist down the road”

    Exactly what is part of or excluded from a personnel file is really unknown until a copy is obtained.  Usually, the types of documents within a “file” include:

    • Tax verification forms,
    • Job applications
    • Action Plans
    • Reprimands
    • Promotion Information

    Even if a worker or employee believes they do not need a copy, asking for a copy is important.  In terms of an unemployment appeal, demanding reasons why a work event wasn’t documented or included within a personnel file can offer probative value to an applicant’s claim for benefits.

  • Taxes 💰on Your IRA and A Hot Summer 🔆Day

    Thinking about taxes on a sunny summer day?  Me too! In fact, I wish more people were as proactive as yourself.

    Today, my goal is two-fold:  reduce the risk of bad stuff happening to our estates and  reminding my readers that the they should be asking questions.  I say this because being able to recall issues to bring to the attention of an estate planning attorney or Certified Public Accountant might end up saving you or your family from a huge headache or a financial loss.

    Before we start talking about taxes, consider this:  individuals and families are still trying to unpack the rules under the “Tax Cuts and Job Act“, which was the most recent tax bill passed by our Federal Government.  With the summer months, many have put this info aside.  Luckily, you are different.

    Of the 2️⃣7️⃣5️⃣ amendments to the #Tax bill passed in December ⛄️, the rules impacting our estates 🏡 the most included: doubling ⬆️ the estate and gift 🎁 tax exemption and repealing contribution restrictions on Individual Retirement Accounts. 👍

    Thus, I wanted to quickly highlight a handful of issues some of my Clients are seeing.

    Tax Benefits For Families And Individuals

    (Sec. 11021) This section temporarily increases the standard deduction to $24,000 for married individuals filing a joint return, to $18,000 for head-of-household filers, and to $12,000 for all other taxpayers. The amount of the standard deduction is indexed for inflation after 2018 using the chained CPI.

    Taxes and Increases In Estate And Gift Taxes

    (Sec. 11061) This section doubles the estate and gift tax exemption amount for decedents dying or gifts made after December 31, 2017, and before January 1, 2026, by increasing the basic exclusion amount from $5 million to $10 million. (Under current law, the amount is indexed for inflation occurring after 2011.)

    Taxes and Retirement Plans

    (Sec. 13611) This section repeals the rule that allows Individual Retirement Arrangement (IRA) contributions to one type of IRA (traditional or Roth) to be recharacterized as a contribution to the other type of IRA.

    (Sec. 13612) This section increases the limit on accruals that is required for length of service award plans (LOSAPs) for bona fide volunteers to be exempt from treatment as a deferred compensation plan.

    (Under current law, plans paying solely length of service awards to bona fide volunteers or their beneficiaries on the account of firefighting and prevention services, emergency medical services, and ambulance services performed by the volunteers are not treated as deferred compensation plans if they meet certain requirements. One of the requirements is a limit on the aggregate amount of length of service awards that may accrue with respect to any year of service for any bona fide volunteer.)

    The bill modifies the limit on accruals to: (1) increase the limit from $3,000 to $6,000; and(2) provide for a cost-of-living adjustment to the limit after 2017.

    Taxes on a Hot Summer Day

    As you can see, taxes and a hot summer day go hand-in-hand.  If you disagree, then know this:  half the battle of finding tax opportunities is knowing which questions or issues to address with your personal advisor.

  • Your Job Search While Unemployed

    Your Job Search While Unemployed

    One’s job search and unemployment go hand-in-hand.  People who have or are collecting unemployment benefits can reduce risk by doing the following.  Today’s tip is about asking applicants in Minnesota whether they are doing everything they can to protect their  benefits from an audit.

    This is my 15th unemployment tip in a running series I hope offers value to unemployed workers. Because I am very empathic to unemployed employees conducting their job searches and due to this process having an impact on benefits, I wanted to make 15 suggestions based on feedback from my Clients.

    Very likely, you have never seen an outline quite like this, with the intent of reducing a DEED audit.  Nonetheless, I hope these help:

    Unemployment Tip # 015 – Record keeping should be a priority during a job search.  Any person who has requested or received unemployment benefits is vulnerable to an audit.  If you don’t have a written record, start by writing down everything you remember.  I would rather see an Applicant try to recall a situation versus an auditor making assumptions that are untrue.  

    In no particular oder, here are my 15 bonus tips:

    After getting unemployment benefits, the next step is finding a job.  Job searches today are different from this same process some 5-10 years ago.  Twitter is a great resource for job opportunities.  If you are hesitant with creating a public profile, create a dummy profile with the intent of using it to “find” jobs.  When looking, consider hashtags like:

    • #job
    • #jobsearch
    • #careers
    • #jobs
    • #jobposts
    • #Hiring

    #14 Visit Small Businesses

    In my experience working with “small” businesses, finding employees and workers is unique.  As a result, try visiting them in-person and asking if they have opportunities available.  Do not be afraid of being dressed for the part you want.  Of course, if the answer is no, do not leave empty-handed.  Start collecting business cards from anybody and everybody.

    **I am told from my unemployed clients that this tactic has produced the best results.  

    #13 Trick Big Business

    As you already have found out, big businesses are different.  Their job submission process is different.  Sometimes, big companies make applicants answer questions in addition to submitting a resume.

    Luckily, you are smart enough in your job search that you see value in creating a bogus profile and working  through the submission process with the intent of acquiring their job questions such that you have time to think, write, and submit rock solid answers.

    #12 Job Search with Facebook Dark Posts

    Is there a company you are trying to get in front of, but are striking out?  Think like an advertiser and connect with employees of a business who have hiring power.  Next, send them to your LinkedIn account.  How?  By using a Dark Post.  Most folks are skeptical that their job search process will improve by using a dark post.  See for yourself how this might help:

    #11 Cross Reference Job Posts

    Searching for a job through an on-line website makes sense.  But, as soon as you nail down a job that you want to seek, consider visiting the job / career link for the company you are interested in.  

    hen, determine if they have an additional job submission process.  Also, try to determine if they’re posting is current or outdated.  The punch line:  a lot of good information can be found by cross referencing job boards.  This in turn will improve your job search process and reduce your unemployment anxiety.

    #10 Resume Updates

    For some jobs, a resume is not needed.  For those who depend on their resume, please keep it updated.  If you need help updating your resume, check out a resume writing service like ResumePlant.  No, I have no affiliation with them.

    Of course, there are many others out there.  For a couple hundred dollars, you can turn a year 2005 resume into an updated resume.

    #09 College and Vocational Sites

    Just because you haven’t been to school in decades doesn’t mean the career counselor or job board at the school you last attended cannot assist with your process.  Now is the time to reestablish that connection.

    #08 Third-Party Organizations

    I dislike job recruiters and temp agencies.  I see a ridiculous number of unemployment appeals as a result of temp agencies.  If this is a necessity for your job search process, be extremely cautious.

    #07 Local Newspaper

    Forget the online version.  Instead, buy a Sunday paper and check out their job section.  Just because other unemployed folks have suggested the newspaper business is dead doesn’t mean you cannot find something useful in their job section.  Also, do not forget the local town newspapers too.

    #06 Global Economy

    The job market has changed.  If you have a skill that is transferable on-line, by all means, do not be afraid of telecommuting.

    #05 Don’t Hand Out Your Resume

    Handing out resumes at a job fair is old school.  You can be better and smarter at your job search process.  Handing out a resume should not feel like handing in an assignment in school.  Use your time to acquire business cards and asking questions for the type of jobs “they” need help with.

    Then, follow-up and tailor your resume to match their needs.

    Buy hundreds of business cards.  Add your contact information.  Because privacy is a big deal, limit your business card to your name, phone number and an e-mail address.  Next, have this on your purse at all times.  Then, hand them out to anybody you know and see.

    For goodness sakes, get out of the house once in a while.  Being unemployed is depressing.  Helping others tends to lift our spirits.  Even if you are limited to a few hours, consider giving more and expecting less.  This strategy is very effective in the long-run.

    #02 Visit the Elderly

    I know this is a strange thing to add to one’s job search process.  But, you know somebody who is older than you.  I promise, they would rather be young and in your shoes.  For me, nothing is more beneficial to my work ethic than knowing I will die someday.  Thus, visit the elderly as a reminder that one’s self that they have something others do not: time.

    Job Search Tip #01 – Track Your Process

    Finally, track your job search activities.  In my law practice, the folks who can produce

  • How Are Minnesota Executive Contracts and Pro Sports Contracts Different?

    Executive contracts in Minnesota are completely different from a professional sports contract for one gigantic reason: support from a union.

    A lot of times, executives have this idea of free agency, when in reality, the game is slightly different.  Thus, here is a birds-eye-view of an executive agreement for employees in Minnesota.

    Executives are Employees or Owners

    Generally, an executive is either an employee or an owner or both.  When tagged as an owner, it boils down to control, ownership rights and percentages.  The distinction though is separating oneself from a union like agreement.

    Professional athletes have player rights that are like or similar to other players.  Executives have individual rights exclusive to themselves.   Even though executives do not have the luxury of leaning on a union for a standard agreement, a lot can be gained by negotiating a written contract.

    As you already know, executives serving as a high-level employee want maximum value for their expertise and service.  Owners are usually seeking equity and control.   Executives seeking control are usually doing so as part of their job description versus having equity in a company.

    Of course, there are exceptions, which makes the process of negotiating a strong executive contract that much more important.

    Executive Contracts and Clauses

    Here are a few parts that every executive contract should include:

    • Terms and Limits
    • Compensation Clause
    • Time Off
    • Benefits (insurance, 401K, etc.)
    • Exit Strategy

    Very likely, prudent executive agreements negotiated with a Minnesota employer will call for much more detail.  But, this is a short list to begin the drafting process.

    Executive Contracts and Negotiations

    As you might expect, negotiation strategies are different for executives currently employed by an employer versus an opportunity with a new or different entity.  Sometimes, this means examining a past contract or non-compete agreement.

    A lot of high-level managers and executives immediately turn to their compensation clause.  But, one has to balance their compensation with long-term impacts like a nonsolicitation clause or non-compete agreement.

    The negotiating process for an executive contract is a combination of past experience, current value, and future potential.  Whereas a professional contract is usually based on other athletic contracts, an executive agreement can be more creative.

    Creativity includes money.  Whether an executive in Minnesota seeks a strong salary, stock options, ownership rights, incentives, etc., the idea is negotiating for the future. \

    Time Off, Benefits and Other Executive Clauses

    Because there is so much effort devoted to the value an executive brings to an organization, sometimes we overlook time off too.  For many, the PTO or personal time off calendar will match other employees serving in high roles.  But, this issue needs to be clarified with specificity.

    Likewise, this is the same standard for health insurance, disability benefits, and related benefit packages.

    Employees who gain more than the standard win.  Executive contracts that align with our home life are even more appealing.

    Employment Agreement Exit Strategies

    You are smart enough to know that having a backup plan or an exit strategy to an employment agreement makes top-notch sense.  Sometimes, this includes a buyout clause.

    Other times, this means seeking help from a mediator or arbitrator.

    Either way, having a procedure in place to facilitate a transition (positive or negative) can be more valuable than compensation.