Author: Jasper Berg, J.D.

  • DEED’s Appeal Envelopes Are Yellow: Unemployment Tip #016

    DEED’s Appeal Envelopes Are Yellow: Unemployment Tip #016

    Appeal envelopes from the unemployment office are white with red letters. But, their yellow envelopes are even more significant. 

    Applicants are encouraged to watch their mailbox for yellow envelopes.  Currently, Minnesota’s unemployment office, which is also called DEED, uses yellow to distribute evidence.

    As I mentioned in other posts about evidence for a hearing, making sure you follow evidentiary rules is key.

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    A lot of people contact this law office for the purpose of inquiring about when or how to receive documents from their employer. Parties (including the unemployment office) are required to follow strict rules about distributing exhibits.    Exhibit is a fancy word for “evidence“. Basically, the process of submitting evidence needs to be fair.

    Parties and applicants need to watch their mailbox for yellow envelopes..  To date, Minnesota’s unemployment office (DEED) uses yellow envelopes to distribute evidence received or added to the ‘record’.   

    When the unemployment office submits yellow envelopes, they generally contain exhibits. The process for exhibits and evidence is a constitutional issue. Thus, this is a big deal.

    Lots of things are found within these described envelopes, including:

    • Notices
    • Application submissions,
    • Subpoena requests (when done right), and
    • Other pieces of evidence submitted for consideration.

    Finding a post on-line that discusses appeal envelopes is strange. But, the key here is knowing that it is coming and what it contains. From here, an Applicant can make decisions on their legal strategies and whether or not they should raise other issues.  

  • Salary for this Job Was What⁉️ Unemployed and Wondering 😲

    Salary for this Job Was What⁉️ Unemployed and Wondering 😲

    Wages and salary for unemployed workers matter, especially when seeking a job offer. On the other hand, not knowing what you are worth can be a problem.

    Even worse, the fear of remaining unemployed can cause job seekers to panic and take a low ball proposal.

    Knowing about the following information is extremely relevant to those anticipating a job offer or needing assistance in the negotiation process.

    For these reasons, a lot of people start searching for salary reports online. Some, pay for a specialized report because paying for a report specific to an industry or employer feels different.

    That said, I believe a lot of these same people are wasting their time, money, and energy because this information is free and even more importantly, unbiased.

    Salary For Minnesota Jobs?

    Before paying or subscribing to a bogus website about a salary for debate, check out these free resources:

    The reason I like the website previously mentioned is because it allows me to view wages and salaries for specific counties within Minnesota.

    Also, I can look at data specific to an occupation, industry, and firm size. Even more importantly for those who are unemployed or seeking benefits here in Minnesota, the reports are free and updated on a quarterly basis.

    Hourly Wage For MN Jobs?

    Let’s be real. Salaries and wages mean one thing: how much are you getting paid. Start by learning about “median“. No, not your shirt size, but a term used by those crunching numbers.

    To get things started, I recommend checking out data from this link and checking back:

    Although information from BLS is likely more detailed, it it isn’t updated nearly as often as Minnesota’s site. But, old news can sometimes be just as important as new news.

    Anyways, the easy way to think about an occupational wage median is to think of it as the middle. In other words, what are most people earning at a job similar to the one you are looking for?

    Of course, the hard way of thinking about your wage median is by looking here for Wikipedia answers.

    Again, the reason I am bringing this issue up is because unemployed workers need to be prepared for a job offer.

    Salary For Summary

    To summarize, I desperately want to see more unemployed people use the websites above to assist them in their job search process so they know how to response when a job offer comes through.

  • My Notary is RULONA 🍋 and they live on the Second Floor

    My Notary is RULONA 🍋 and they live on the Second Floor

    RULONA is a fancy acronym sweeping through Minnesota.  If you are wondering what the fuss is all about, RULONA stands for the Revised Uniform Law on Notarial Acts.

    Starting in January, the laws for notaries will be changing. Like you, I am interested in these rule changes.

    A lot of people rely on this rule for their estate plan, real estate transactions, affidavits, and business dealings.  As described by various public service websites, RULONA replaces the existing Chapters 358 on notaries, and includes the Remote Online Notarization Act.

    In my experience, far too many people take for granted the rules imposed upon a notary.  Nonetheless, take a quick peak at a few of the changes impacting nearly all of us.

    RULONA Headlines

    Here are a few headlines regarding this update to Minnesota’s notary rules:

    • It creates a more detailed “Remote Online Notarization Act”,
    • Provides feedback on recording,
    • Outlines who is authorized to perform notary acts, and
    • Develops a “security” process for a stamp.

    Of course, there are many more highlights, which were described by Minnesota’s legislature here.

  • Happy Thanksgiving To You and Your Family

    Thanksgiving is a very special day for those serving in our armed forces.  For one, it is generally a day of rest.  But, it is also a day for spending time with other members of the military followed by a wonderful meal.

    Even though I was away from home, my experiences were always very positive. Of course, not everybody in the military is able to rest or spend today with their family and friends.  For these special people, we are very grateful and saying thank you is hardly enough, but it is a start.

    Happy Thanksgiving to You and Your Family.

  • Public Information Gone Bad In An Unemployment Appeal

    Public Information Gone Bad In An Unemployment Appeal

    If you are unfamiliar with Minnesota rule 3310.2917, it suggests the following:  

    Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings”

    Public Information:  Bad Example

    Consider a case called Jezierski v. St. Mary’s/Duluth Clinic Health Sys. (Corp), No. A18-0104, 2018 Minn. App. Unpub. LEXIS 860 (Oct. 1, 2018).  

    As an attorney, I am constantly studying other cases.  It is very defeating when I see applicants, employees, and workers focused on winning versus making the right argument in favor of a claim.  

    When applicants file an unemployment appeal and a panel of judges offer their opinion, employees are at their mercy. In other words, their decision, is searchable.  This is true because there was an appeal to Minnesota’s second highest court.  And, employers are using public decisions to make longterm decisions.  

    If you put yourself in the employee’s shoes, would you have made a different decision about displaying public information?

    Winning vs. Appealing

    Presenting winning arguments and appealing to win are different.  This is even more true when a case has the potential of creating public information.  

    If you need help weighing the pros and cons of an appeal, then please consider reaching out for support.

  • Stop 🛑 Watching The Stock Market For A Recession 📉

    Stop 🛑 Watching The Stock Market For A Recession 📉

    Today, the stock market dropped.  Tomorrow, who knows.  Certainly, a lot of unemployed people looked at today’s news and panicked.

    Unemployment after after a layoff is not always a certain. That said, the intent of this post is to encourage those living in fear to pump the breaks.

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    As of the date of this post, the unemployment rate in Minnesota is 3.3%.  This is far better than any recent period, including the period of time between November 2000 and July 2007.

    Nonetheless, some people are reading way to many news articles that this is the end.

    Do not let today’s news prevent you from putting in the work for a new job.

    Consider this statement from our Bureau of Labor and Statistics:

    One of the most widely recognized indicators of a recession is higher unemployment rates. In December 2007, the national unemployment rate was 5.0 percent, and it had been at or below that rate for the previous 30 months. At the end of the recession, in June 2009, it was 9.5 percent. In the months after the recession, the unemployment rate peaked at 10.0 percent (in October 2009). Before this, the most recent months with unemployment rates over 10.0 percent were September 1982 through June 1983, during which time the unemployment rate peaked at 10.8 percent.“

    I bring this to your attention because we need a moral boost.  Today is not the end.

    For those who entered the workforce in the 1970s or 1980s, employees and workers are in a far better position today than the last 30 to 40 years.

    I understand the stress and the impact an unemployment appeal will have on your family.  On the other hand, do not let today’s stock market news impact your process.

  • Bloomington Community Education 📚 Thank you!

    Thank you 🙏 to the Bloomington Community Education folks for allowing me to share educational materials regarding estates and planning.  If you missed the event, I anticipate others down the road.  Very likely, there will be additional classes in February and March.

    So you know, the learning process is about sharing and offering resources and information.  I am very grateful to the participants who offered feedback about their experiences.  To be honest, I believe I learn more from your participation than the other way around.

    In the meantime, please keep checking back for additional events.  I wish you the best.

  • Is September 🎒🚌 really the Best Time to Update Your Estate?

    Is September 🎒🚌 really the Best Time to Update Your Estate?

    Should you update your estate?  Making an update to your estate probably ranks lower than buying backpacks and looking up your child’s school bus route, but it might be more important than other fall tasks.

    Here are 3 reasons why I think September is a great month to update an estate.

    Immunizations are Up to Date #3

    Very likely, you took your child, young and old, for their pre-school physical.  Whether they received immunizations or a sign off to play sports, taking them to the doctor in August made sense.  But, did you think about the person who might be required to take your child to the doctor if you the parent were sick?

    Yes, it is easy to point a finger at the other parent as a back-up.  But, I like the idea of thinking through who is third in command.  Sometimes, this is Grandma or Grandpa.  Other times, it is an Uncle or Aunt.  Either way, delegating partial parental authority is an issue for every estate plan.  Update your estate because your recent doctor office visit triggered your thought process.

    MEA Weekend Is Out of Site #2

    Before you get excited about a five-day weekend in October, consider this.  Hitting the road or skies is a common for many families with school aged children.  Between now and then, you will travel maybe 2,000 miles by car, have 45 family dinners, and engage 20 separate dates of planned activities.  Certainly, nothing will go wrong.

    But, if something does indeed go wrong, updating your estate to include a guardian that you believe will be a better your previous choice is an important edit.

    Update Your Estate Plan Because It is the Right Thing to Do #1

    I wish I could take a softer position, but everywhere I look, people are dying.  Quite frankly, it has me second guessing nearly everything.  Maybe MEA is the perfect opportunity to make up for a lost family outing.  Or, should I focus on something else, like a home improvement project?

    In my humble opinion, parents can do it all.  Edits or updates to an estate plan are not nearly as difficult as we think and likely more important than windows.  For this reason, making an update to your estate plan is the right thing to do, along with everything else you have planned.  Why?  Because Parents always seem to find a 💗way.

  • 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.

  • 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

    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.