Why 268.095 Minnesota Law Can End Your Unemployment

268.095 MN Statute

268.095

268.095 Minnesota law applies to unemployment claims and appeals.

This statute can impact whether or not a person receives unemployment benefits in Minnesota. I believe every worker appealing their case should print and read this Minnesota unemployment rule over and over again.

If you need help interpreting your case or situation, please contact me directly.  Otherwise, you can print Minnesota statute 268.095 here.

Also, consider watching this short video as an introduction to this law:

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) generally apply.

For workers who know they were fired or discharged in Minnesota, subdivisions (4), (5), (6) and (6a) apply.

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.  If you can, consider researching the facts for your case by utilizing research tools at WestLaw.com.

When a worker uses the good reason to quit standard to prove their eligible for unemployment benefits, most workers fail to identify adverse actions.  Thus, please keep this in mind when analyzing a situation.

Fired Laws under Minn Law 268.095

Employees being accused of employment misconduct are different because and their challenge uses 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 at WestLaw.com may help clarify your situation or goals.

Other parts to Minnesota law 268.095

Other subdivisions are absolutely applicable to this Minnesota statute.

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 was changed many times.  In fact, this law office estimates this specific rule or law has changed nearly 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

If you need my help, please feel free to contact me.

 

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