Month: March 2020

  • COVID19 Aid Bill & Unemployment Claims

    COVID19 Aid Bill is the rule that helps people and families acquire unemployment benefits as a result of the corona virus.

    In my line of work, the best place to start is the text of the rule. The Governor’s speech was nice, but not helpful until the rule gets published.

    I agree, waiting for the text of the rule or bill is stressful. That said, once the stimulus package or rule is published, many of the questions and concerns being felt by unemployed workers, employees, independent contractors, and gig workers will hopefully get answered.

  • Health Care Needs And Changing Estate Documents

    Health Care Needs And Changing Estate Documents

    As health care needs evolve—whether due to aging, a medical diagnosis, or unexpected life events—so too must your estate planning documents.

    From health care directives to durable powers of attorney and living wills, having up-to-date estate documents is essential to ensure your medical wishes are honored and your loved ones are protected. Failing to revise these documents regularly can leave you vulnerable during times when decisions must be made quickly and accurately.

    In today’s complex medical and legal landscape, your estate plan should reflect your current health status, trusted decision-makers, and personal values.


    Estate Planning Attorney

    Estate Planning

    Updating healthcare planning documents like your advance health care directive, HIPAA release forms, and living will ensures your voice is heard—even if you’re unable to speak for yourself.

    It also provides clarity and peace of mind for family members, reducing confusion or potential disputes during medical emergencies.

    All people, are encouraged to immediately review their healthcare related documents. This is especially true for people 60 and over or with a chronic underlying condition. Health care documents include: living will, DNR, health care proxy, and HIPAA releases.

    In many instances in the past, an agent would be in the hospital with the individual who appointed them, document in hand when prepared to act.

    Given quarantines and the need for social isolation this may not only be impractical, but may not be permitted.

    Language should be expressly added to all healthcare related documents wherein the person executing the document expressly authorizes the agent to give directions by telephone, text, facetime, web conference, email and other forms of communication.

  • Corona Unemployment Claims Fall Apart When?

    Corona unemployment claims are here and my first regret is the amount of time it took to share the following. For those who recently contacted me about job loss as a result of artificial intelligence, the COV-19 virus is more imminent. As a result, lets jump right in.

    In general, there are 5 outcomes that many employees and workers will want to consider. I will discuss these outcomes below. But, before an outcome can be assessed, lets first consider the present.

    Corona Job Loss Question Number #1

    The first issue is whether or not wages have ended. If wages already ended, then the feedback described below is important.

    On the other hand, if wages have not ended, the idea of seeking or filing a claim for unemployment benefits today is probably more about fear. Because fear can be debilitating, please go your best to manage it accordingly.

    Every worker and employee trying to prepare for future corona unemployment claims should consider reading the eligibility conditions under Minnesota statute 268.085 as their first step towards the unknown.

    Corona Impact on Hourly Employees

    Very likely, hourly employees will be the first group of corona unemployment claims.

    That aside, there is hope. There is hope inside Federal and State governments granting benefits through disaster assistance programs.

    Here in Minnesota, there is hope too, especially after an applicant or hourly worker meets the one week grace period found here.

    But, a word of caution. Each and every person applying for benefits should take scrupulous notes to reduce the risk of a future audit. Why do I say this in a time of need? Because your future self is counting on it.

    To date, I am still seeing the residual impacts of unemployment audits from claims dating back to the 2007-2008 recession. If you or a loved one fell into this circle of appeals, then you already know the issues. For those managing this for the first time, consider reading on.

    Corona Impact on Salary Employees

    For the workers and employees receiving a salary, lost wages probably isn’t the first sign that an unemployment claim is imminent. Instead, I forsee salaried employees being asked to stay home, perform under different conditions, or take a paid leave of absence.

    For the salary employee who is told otherwise, then perhaps the cards are aligning for a layoff. If such is the case, future corona unemployment claims will hinge on whether the the layoff was today or sometime in the future. This sounds strange, so hear me out.

    Present and future layoffs his will get tricky because many workers and employees will get trapped by the shear emotion attached to industries getting destroyed.

    In unemployment world, a layoff comes when workers are told to go home. Leaving early before the ship sinks is usually a recipe for problems.

    Because every situation will be different, hopefully the majority of salary employees are able to acquire clear statements from their employer and affirm their layoff as a discharge.

    Mentally, very few people view a layoff as a discharge, but the distinction matter. This matters because of the term “discharge” and its application under Minnesota statute 268.095.

    5 Job Outcomes Due To the Corona Virus

    Corona unemployment claims are going to be tricky. In general, there are 5 likely outcomes:

    • Job loss due to lack of work
    • Claims as a result of unpaid wages
    • Employees who decide to quit,
    • Employers who play verbal games with their staff, and
    • Employees that remain employed.

    Unfortunately, there will be the problem of misrepresentation. Unemployment benefits get tied to taxes paid by employers. For this reason, there will be a percentage of claims tied to fabricated misconduct. Hopefully, this gets caught early on.

    In general, I like to see applicants complete their application for benefits with a specific purpose: helping Minnesota’s claim office to decide in favor of awarding benefits.

    Then, the name of the game turns to remaining eligible, assessing payments that delay awards, and seeking new employment opportunities.

    In the meantime, for those put in the position of filing an unemployment appeal impacted by the coronavirus, be proactive in your process.