268.095 Minnesota law applies to unemployment claims and appeals. Unfortunately, this unemployment law can cause lots of problems for applicants.
In general, the Minn. Stat. 268.095 impacts whether or not a person is eligible for benefits. Assuming this law pops up, every worker appealing their case should print and read this Minnesota unemployment law over and over, until they feel comfortable with their intended goal.
Three Types of Claims for 268.095
This MN statute is divided into many subdivisions and sections. In my experience, there are three types of claims:
- Workers who quit their job,
- Employees who are fired, and
- People who believe both laws apply.
For workers who know that they quit, subdivisions (1), (2) and (3) may apply. For workers who know they were fired or discharged, subdivisions (4), (5), (6) and (6a) may apply.
That said, applicants must be well adverse for all three issues, just in case the issue is raised by a former employer or addressed by the unemployment law judge.
Quit Laws Under MN Law 268.095
Yes, there are many ways for an employee to quit their job and acquire unemployment benefits in Minnesota. Compare a “good reason” with other legal cases. If this isn’t possible, consider the following research tool: WestLaw.com.
Fired Laws Under Statute 268.095
Employees accused of employment misconduct are different and utilize a different section of the law.
The term employment misconduct in Minnesota is going to be fact specific. In other words, I believe nearly every case is different because it will involve:
- A different manager or supervisor or boss,
- A different customer,
- A job specific policy or procedure, and
- Utilize a job history generally specific to each worker.
Like I mentioned above, utilizing research tools mentioned above may help clarify your situation or goals.
Other Parts to Minnesota Law 268.095
Other subdivisions and sections of this law are absolutely applicable. For example, definitions found under Minn. Stat. 268.035.
Really though, the most significant issue is determining whether a worker has more rights from a quit perspective or employment misconduct perspective.
Changes to MN Statute 268.095
Over the years, Minnesota statute 268.095 has changed many times. In fact, this law office estimates this specific rule or law has changed more than sixty (60) different times since its original enactment in the year 1927. Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.
What Else Impacts Minnesota Statute 268.095
The biggest factors when trying to win a case where this law applies is applying a strong legal precedent. Legal precedent is the hundreds and thousands of cases that provide examples of what is considered a good reason to quit or employment misconduct.
Help With 268.095
How Can An Unemployment Lawyer Help?
Attorney Jasper Berg