Month: August 2018

  • EMACS Appeals for Unemployment Benefits 🖥: Unemployment Tip #015

    EMACS Appeals for Unemployment Benefits 🖥: Unemployment Tip #015

    EMACS is an online filing system for appeals to Minnesota’s Court of Appeals.  Lawyers representing Applicants and Employers can appeal a claim using Minnesota’s online filing system, which you can find here.

    Unemployment Tip # 015 – When an Applicant is unrepresented, an appeal can still get appealed the old-fashioned way.  However, I predict this too will change.  When in doubt, contact Minnesota’s Court of Appeals by phone or visit them in person at 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155.  Of course, connecting with an attorney makes sense too”

    EMACS Filing Fees

    The good news about an EMACS appeal for unemployment benefits is the fact fees are still waived for applicants.  We know this because of Minn. Stat. 268.105, subdivision 6, which reads as follows:

    Subd. 6.Representation; fees. (a) In any proceeding under subdivision 1 or 2, an applicant or employer may be represented by any authorized representative. Except for services provided by an attorney-at-law, no person may charge an applicant a fee of any kind for advising, assisting, or representing an applicant in a hearing or on reconsideration. (b) An applicant may not be charged fees, costs, or disbursements of any kind in a proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the Supreme Court of Minnesota. (c) No attorney fees may be awarded against the department as a result of any proceedings under this section.

    Thus, do not let this new system deter you from seeking help.

  • Subpoena Power For An Unemployment Appeal

    Subpoena Power For An Unemployment Appeal

    Subpoena power inside an unemployment claim is a real. Knowing how to use this power is just as important as following through.

    A long time ago, a local law publication posted my work about issuing a subpoena for documents and a witness. Unfortunately, their article and my work is locked behind a paywall that prevents unemployed persons from accessing it.

    So, here is an alternative.

    Two Types of Unemployment Subpoenas

    There are two types of subpoenas. They are not the same.

    The first power is the opportunity to collect paper, documents, media, video, online files, etc. from the opposing party. This is called a subpoena duces tecum. The second power is when one side forces a witness to testify. Both processes can be used as evidence.

    Applicants and Employers fail at utilizing this rule effectively because they didn’t apply all of the rule’s elements. For some, it feels like getting stuck in a spider’s web.  For others, getting stuck weakens their claim for benefits.

    Reviewing Minnesota rule 3310.2914 is extremely important when trying to weigh good evidence and the issue at hand.

    When Do You Apply this Power?

    Really, this type of request or action can be requested anytime before or during a hearing. Requesting this after a hearing is extremely difficult, but not impossible.

    A problem with requesting a subpoena is that one never knows what will be revealed. For example, imagine requesting a copy of a video that showed an error in judgement. But, everything you recalled suggested otherwise. Or, imagine asking for a copy of a personnel file that inadvertently produces a Personal Improvement Plan or Corrective Action Plan.

    Therefore, managing this unemployment power is critical to the reason for the appeal.