Author: Jasper Berg, J.D.

  • When Health Problems Impact Your Appeal Hearing

    When Health Problems Impact Your Appeal Hearing

    Health problems that even so slightly impair our ability to communicate or think clearly are burdensome to an appeal.  On one hand, you want to bring a strong case.  On the other, you are having difficulties describing the facts because you are overwhelmed by your health.

    In my practice, I hang my hat on what people say and feel.  All attorneys helping others with an unemployment issue must find ways to support those suffering from health problems.

    When health problems impact our ability to communicate with a Judge or an administrator, and the administrative law judge relied on our tainted feedback, applicants can breath new life into their case by raising specific legal issues.

    Laws Supporting Health Issues

    The first rule that stands out is due process.  Due process is as simple as getting a fair opportunity to share your story.  When the opportunity is minimized by one’s health, then there is a breach in due process.

    Sometimes, people use fancy words like being prejudiced or making reference to the US Constitution.  But, let’s skip the formalities and stay focused on the appeal for benefits: when an appeal goes bad because of health problems, people have rights.

    Health Problems and the Hearing

    As you would guess, one of the strongest ways to describe a health problem after the fact is using a doctor’s note or letter.  After all, they are helping you with your ailment or condition.

    Because connecting the dots can be somewhat tricky when there is a lapse in time between care from a doctor and an appeal hearing, showing a history of health issues can be the next best thing.

    The situation that is most difficult is when a person failed to seek help and they do not have a documented history of seeking care.

    Types of Health Problems that Impact an Appeal

    The sky is the limit on the types of issues people experience.  While some are overwhelmed with anxiety, others can be impacted by a toothache or medication.   Again, the key is a health issue that puts us under duress or reduces or abilities to make sound decisions.

    When our health concerns are documented and clarified by a doctor, this can be a very important step towards a second chance with an appeal.

    Thus, do not be ashamed, embarrassed, or something in-between.  Instead, get help.

  • Another Article About Unemployment Request Reconsideration Minnesota

    Another Article About Unemployment Request Reconsideration Minnesota

    An unemployment request reconsideration Minnesota style is more than a fancy term. This type of an appeal means either a person or employer wants their unemployment case re-reviewed.

    Generally, the party who lost the phone hearing asks an unemployment law judge to re-reviewed the case.

    This is such an important topic, I devoted an entire page to this issue here. Otherwise, here are a few more thoughts.

    What is the Goal for this type of Appeal?

    There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.

    • Goal 1: Reverse the Unemployment Decision;
    • Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    What Does a Request for Reconsideration Look Like?

    First, both the Applicant and Employer can file a request for reconsideration on-line.  Filing this type of an appeal online limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.

    Who Reviews the Request After it is Filed?

    In most cases, an unemployment request for reconsideration in Minnesota is reviewed by the same Unemployment Law Judge that reviewed your unemployment phone appeal.  However, there are exceptions.

    Changing the Unemployment Request for Reconsideration

    The likelihood of a request for reconsideration in Minnesota being granted in your favor depends on legal arguments, whether this includes a reference to Minnesota laws, case law, or other legal doctrines. That said, there are strict deadlines that the parties and Minnesota Department of Employment and Economic Development must follow.

    What are the Results for an Unemployment Request for Reconsideration?

    After an unemployment request reconsideration Minnesota is filed, there are three potential outcomes:

    1. The Unemployment Law Judge reverses the original decision;
    2. The Unemployment Law Judge grants another phone appeal (Level I); or
    3. The ULJ denies the request and the losing party must consider appealing to Minnesota’s Court of Appeals.

    When should an Unemployment Request for Reconsideration in Minnesota be filed?

    Time is not on your side.  Because research will likely be involved and Minnesota law mandates the filing of a request for reconsideration within a specific period of time, consider seeking help or drafting your reconsideration ASAP.

    That being said, do not file your Request for Reconsideration and seek help thereafter.  Instead, consider seeking help before you file such that you do not waive certain rights.

    Additionally, time is of the essence because you will need time tracking down documents, exhibits, or witnesses to help reverse the decision.

    Is an Unemployment Request for Reconsideration in Minnesota necessary?

    According to the unemployment laws in Minnesota, the losing party in an appeal for unemployment benefits must, as a predicate to appealing the matter to the Minnesota Court of Appeals, seeking a request for reconsideration from the Unemployment Law Judge’s (ULJ) determination.

    In other words, failing to file a timely request for reconsideration in Minnesota can be detrimental to the person or employer seeks an appeal from the Minnesota Court of Appeals.

    If the other party files an Unemployment Request for Reconsideration in Minnesota, should you file one too?

    If you do not stand up for yourself, nobody else will.  It is critical for you to respond to a request for reconsideration is filed by the other party.  This is true for both employers and applicants seeking benefits.  Otherwise, the Unemployment Law Judge may reverse their decision because you failed to respond accordingly.

    On the other hand, there are certainly reasons why a party should NOT respond to a Request for Reconsideration.  For help making this decision, please contact this law office for help.

    Who can help you with an Unemployment Request for Reconsideration in Minnesota?

    If you are considering an unemployment request for reconsideration in Minnesota, please consider contacting an unemployment lawyer for help.  As you proceed through the appeal process, your rights related to unemployment benefits become more complicated.

    Thus, the sooner you seek help – the more time you are giving others who can search for past legal decisions which may support your case.

  • Social Media at Work Got Me Fired

    Social Media at Work Got Me Fired

    Social media access on your work computer is a no-no because very little good can become of it.  For employees doing research after getting reprimanded or discharged, looking backward is the name of the game.

    On the other hand, if you are doing research to see if it is permissible or not, I am in favor of avoiding this conflict altogether.  In fact, avoid all log-in websites.  This includes:

    • Web browsers (Bing and Chrome accounts),
    • Third-party e-mail,
    • Facebook,
    • E-vites,
    • Personal bank accounts,
    • Fantasy sports,
    • Newspapers, and
    • Anything else.

    Why?  Because what good will it do and why can’t you use your personal cell phone away from your workspace?  Nonetheless, let’s examine what an employee might expect when being fired for online issues.

    Unemployment and Fired for Social Media Usage

    Being fired for internet issues and seeking unemployment benefits is an unexplored area of law.  For the purposes of this section of my post, I will focus on using social media while working versus getting fired for words or expressions made using a social account.  In general,  there are a handful of quality arguments in favor of acquiring unemployment benefits:

    • Usage was permitted,
    • Other employees are doing the same,
    • Time used was limited or rare,
    • The employer failed at offering a warning,
    • Accessing an account was inadvertent, and
    • There was a good faith error.

    There are many other reasons and each situation will be different.  Even better, positive results are achievable.

    Evidence for Unemployment Cases Involving Social Media

    When somebody contacts me about getting fired due to a social media issue, I like the idea of requesting a specific reason for the termination or discharge by using Minnesota statute 181.933.

    Also, I like the idea of seeking a copy of one’s personnel file and the employer’s expressed policy on internet usage.

    Fired for Nonwork Activities

    For the camp of folks who get reprimanded or lose their job because of a social media post, again, this is a very new area of the law.  As a result, there isn’t necessarily a legal precedent workers and employees can turn to for support.

    That said, I foresee people having an easier time with a case when a post is socially acceptable, unrelated to an occupational requirement, and avoids a conflict of interest or loyalty owed to an employer.  Again though, this type of situation is going to be different for every person and employer.

    Social Media and Final Thoughts

    Social media is a wonderful tool, but it can cause problems too.  Because I am seeing more and more of these types of situations, the lines are less blurry than years past.  But if given the chance, err on the side of being cautious.

  • Online Benefit Account: Tip #012

    Online Benefit Account: Tip #012

    An online benefit account can really have important pieces of information. That said, there are still a lot of people who are afraid to look at their account online or do not trust that their data is secure.

    I agree, these are issues to consider. On the other hand, accessing an unemployment account online can reduce anxiety, stress, and surprises.

    Unemployment Tip # 012 – Even if you call yourself computer illiterate, accessing your unemployment account online can reduce anxiety, stress, and surprises.“

    Thus, using the online system isn’t a necessity, but it helps identify legal issues such that the Applicant knows what to expect.  

  • Richfield Estate Planning Class Was a Success!

    The Richfield estate planning class I presented yesterday evening went great and I am grateful for your attendance.

    The name of the class was How to Create an Estate Plan for Less Than $30.

    In case you missed it, we discussed simple estate planning documents that we can be completed very easily.  These documents included:

    • Power of Attorney
    • Health Care Directive
    • Beneficiary Forms
    • Will

    Of course, these documents require an attention to detail, which was the focal point of the class handouts and supporting resources.

    Richfield Estate Planning: More Classes Coming

    Yes, there are many more classes scheduled.

    Thus, please use Richfield Community Education site or the events page herein to sign up for a future event.

  • A Business Partnership Might Be Bad for a Veteran Owned Biz

    A Business Partnership Might Be Bad for a Veteran Owned Biz

    A business partnership is a fun phrase to use when you want to engage another person or entity.  On the other hand, using this term incorrectly or failing to address the terms of a partnership can have a detrimental impact on Veteran-owned businesses.

    In general, a biz partnership means two parties what to share profits and losses, including past debts.  Unfortunately, small businesses are fooled into thinking an undefined partnership is a wonderful thing.

    Working towards a common goal sounds great until your quasi-business partnership runs into a snag.

    Avoid Business Partnership Problems

    Here are a ways Veterans can avoid problems:

    • Never use the word “partnership”
    • If a partnership is desired, have a written agreement defining the relationship,
    • Determine whether Minnesota Chapter 321 is appropriate or if a different business statute makes sense

    Business Partnership Success Stories

    Do not get me wrong, there are many examples when a partnership makes great business sense.  The issue is not goal based.

    Instead, a successful partnership starts with understanding expectations.  Failing to define this type of professional relationship can risk piercing a corporate veil or negating the value of using a legal entity in the pursuit of commerce.

  • Unemployment Tip # 011 – Unemployment Research

    Unemployment Tip # 011 – Unemployment Research

    Conducting unemployment research for an unemployment appeal is way more complicated than conducting a Google search.

    Sure, doing a quick search online makes sense as a starting point, but the law or legal issue you are researching is going to take a little more work.

    Unemployment Tip # 011 – Every Applicant conducting DIY legal research for an unemployment claim or appeal should put down their phone and go directly to Minnesota’s exclusive law library or their nearest County Law Library .”

    Unemployment Research Starting Point

    Unfortunately, there isn’t a strong public website that helps people conduct free unemployment research.  Ideally, applicants, employees, workers, etc. are using one of three sites:

    • WestLaw
    • LexisNexis
    • FastCase

    Even more disappointing, these resources cost money to utilize.  Generally, this is an advantage of seeking help from a lawyer.  Even more significant, doing legal research on “legal issues” only works when folks know what it is that they are researching.   Generally, errors of law or constitutional issues tend to be a little more challenging for people to see as an issue.

    Nonetheless, Do It Yourself legal research is not impossible, provided people are able to access the three legal websites referenced above.

    Identifying a specific legal issue is an art based on experience and education.  Sometimes, the unemployment office will suggest an issue like eligibility or employment misconduct.  Sometimes, reading the letters submitted by DEED can be very helpful in the process of catching garden-variety legal issues.  Other times, this has the opposite effect and sends folks on a wild goose chase.

    Thus, knowing this can be important.

    Why You Should Care About Unemployment Research

    In case it is not obvious, doing research during the unemployment appeal process is important because unemployed workers can use other cases to support their claim.  For example, imagine finding a published case that matches one’s circumstances.  Well, this would be very helpful to one’s claim.

    As an alternative, imagine finding a similar case that weakened one’s claim for benefits.  Knowing this would be just as significant so one did not duplicate legal arguments that have failed in the past.

    Thus, legal research for your upcoming unemployment appeal is important.

  • Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed workers are scared, and I know it.  Very few people wanted their job to end.  For those that quit their job, the process of appealing benefits can be just as difficult.  So far, nothing new.

    However, when the other side hires a big bad law firm to fight your appeal, it can send some folks into a spiral of anxiety.  On a human level, I try to do everything in my power to help people overcome these fears by:

    • Outlining Options and
    • Keeping them Informed.

    Perhaps this will help.  Except for seasonal workers, most people encounter the unemployment system once or twice in a lifetime, maybe never.  As a result, being scared is normal, if not the general rule.

    Scared of the Big Bad Law Firm

    Take comfort in your story and your situation.  The process of proving an unemployment claim does not hinge on the other side’s attorney.  The applicant’s story, whether an employee, worker, executive, or otherwise is the most significant piece to the puzzle.

    Yes, strategies might change slightly.  But, facts are facts.  What makes the process somewhat difficult are the lies that appear as facts.  When this happens, applicants seeking benefits need to hold the line and identify exactly where the employer’s story went wrong.

    Attorney for Attorney

    No, just because an employer hired a big bad law firm, this doesn’t mean applicants are stuck, hopeless, or on the verge of getting squashed like a banana.  In my experience, unemployed workers need every dollar they have to support their transition from no job to a new job.  But, meeting with an attorney makes sense when:

    • Folks want to know if they have a strong argument,
    • Learning how to turn a bad case into a good case,
    • Identifying key facts,
    • Picking pieces of evidence,
    • Familiarizing oneself with the process and how to strike first, and
    • Peace of mind.

    Again, an attorney is not for everybody, yet there are other people who desperately need one-on-one assistance.  Ultimately though, it is a personal choice.

    Unemployment Fears Go Away

    Browsing the web for answers is stressful.  But, I believe those unemployed fears can go away or lessen.  Fear of an appeal becomes less and less when employees verbalize their reasoning and are prepared for the difficult question.

    The actual fear of being unemployed goes away when workers find ways to get out of their home (volunteer, part-time work, etc.) and when a full-time job is within one’s grasp.

    In case you need a reminder, that next phone call or e-mail with a job offer could literally be minutes away.  I wish you the best.

  • Do you get Unemployment on Presidents Day in Minnesota?

    Unemployment on Presidents Day is a fun holiday, right?

    No, this is one of the worst days of the year for most unemployed workers because:

    • Financial insinuations are closed,
    • HR departments for financial institutions are closed too,
    • Applicants applying for Federal and State jobs will not be contacted on Presidents Day, and
    • Acquiring monetary funds from a second resource is next to impossible.

    On the other hand, the holiday itself should not impact unemployment benefits.

    Unemployment on Presidents Day: Why is it Tricky?

    Again, benefits are tricky because our banks and mail systems are closed.

    For this reason, applicants wishing to collect or receive benefits will be limited to the process of requesting benefits versus receiving benefits.

    Unemployment on Presidents Day: Online Account

    Yes, applicants should be able to request their benefits online.  As you know, applicants are limited to a Monday through Friday system that limits access from 6 am to 6 pm.

    *** TIP:  Take the Application Questions Seriously ***

    Even though I believe accounts should be available 24/7, the holiday will not prevent people from accessing their accounts.

    Unemployment on Presidents Day: Phone Support

    No, applicants wishing to connect with an unemployment representative by phone will not be able to talk with somebody until Tuesday.

    Unemployment on Presidents Day: Appeals

    Folks looking to appeal unemployment benefits are encouraged to approach a holiday with critical care.  For one, deadlines are significant.  Second, our mail system is closed.

    On the other hand, sending an appeal by fax might be a strong alternative in addition to filing an appeal online.

    Unemployment on Presidents Day:  What To Do?

    I encourage folks to use Presidents Day to look for jobs in the private sector.  The holiday will not impact your job search and submission process.

    Even though unemployment on Presidents Day is problematic, the goal of seeking work or being available for work is still a valid goal.

  • Unemployment Rules and Alphabet Soup

    Unemployment Rules and Alphabet Soup

    Unemployment rules or alphabet soup?  In case this is your first time conducting research on unemployment laws and statutes in Minnesota, it is important to know what you are doing when searching for administrative laws.

    In Minnesota, the unemployment office is governed by a specific set of rules and a specific set of laws.

    Laws and rules are not the same.  Even worse, the unemployment office is 1 of 104 different government agencies in Minnesota.  Unfortunately, each agency has a different set of rules.

    Now, I bring this to your attention for one reason:  accessing the right rule will make a world of difference.

    Unemployment Rules and 103 Other MN Agencies

    Abstracters Board
    Accountancy Board
    Administration Department
    Administrative Hearings Office
    Administrative Hearings Office and Labor and Industry Department
    Agricultural and Economic Development Board
    Agriculture Department
    Animal Health Board
    Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design Board
    Arts Board
    Arts Education, Perpich Center For
    Assessors Board
    Attorney General Office
    Barber Examiners Board
    Behavioral Health and Therapy Board
    Boxing Board
    Boxing Commission
    Cable Communications Board
    Campaign Finance and Public Disclosure Board
    Capitol Area Architectural and Planning Board
    Chiropractic Examiners Board
    Combative Sports Commission
    Commerce Department
    Community Colleges State Board
    Corrections Department
    Corrections Department and Human Services Department
    Cosmetologist Examiners Board
    Crime Victims Reparations Board
    Dentistry Board
    Designer Selection State Board
    Dietetics and Nutrition Practice Board
    Economic Security Department
    Education Department
    Education State Board
    Electricity Board
    Emergency Medical Services Regulatory Board
    Emergency Response Commission
    Employee Relations Department
    Employment and Economic Development Department
    Energy and Economic Development Authority
    Energy and Economic Development Department
    Environmental Quality Board
    Ethical Practices Board
    Export Finance Authority
    Gambling Control Board
    Health Department
    Health Department and Pollution Control Agency
    Health Licensing Boards
    High Pressure Piping Systems Board
    Higher Education Office of Minnesota
    Housing Finance Agency
    Human Rights Department
    Human Services Department
    Indian Affairs Council
    Labor and Industry Department
    Labor and Industry Department and Public Safety Department
    Lottery, State
    MNsure/Minnesota Health Insurance Exchange
    Management and Budget Department
    Marriage and Family Therapy Board
    Mediation Services Bureau
    Medical Practice Board
    Mental Health Practice Office
    Metropolitan Council
    Minnesota State Retirement System
    Natural Resources Department
    Nursing Board
    Nursing Home Administrators Examiners Board
    Optometry Board
    Pardons Board
    Peace Officer Standards and Training Board
    Pharmacy Board
    Physical Therapy Board
    Pipeline Saftey Office
    Plumbing Board
    Podiatry Board
    Pollution Control Agency
    Private Detective and Protective Agent Services Board
    Psychology Board
    Public Employees Retirement Association
    Public Employment Relations Board
    Public Facilities Authority
    Public Safety Department
    Public Service Department
    Public Utilities Commission
    Racing Commission
    Revenue Department
    Rural Finance Authority
    Secretary of State
    Sentencing Guidelines Commission
    Social Work Board
    State University Board
    Tax Court
    Tax Court
    Teaching Board
    Technical Colleges State Board
    Trade and Economic Development Department
    Transportation Department
    Urban Initiative Board
    Veterans Affairs Department
    Veterinary Medicine Board
    Water and Soil Resources Board
    Workers’ Compensation Court of Appeals
    Zoological Board
  • Unemployment Tip # 010 – Two Reconsideration Goals

    Unemployment Tip # 010 – Two Reconsideration Goals

    A reconsideration for unemployment benefits is not a sprint.  Unfortunately, Applicants seeking a reconsideration are missing out on big opportunities when they fail to address two possible conclusions or results.

    Unemployment Tip # 010 – Every reconsideration for unemployment benefits should address at least two outcomes:  (i) a reversal or (ii) a subsequent phone conference with a judge. 

    Reconsideration: Reversal

    When an employee or worker looses a phone appeal, utilizing the rules outlined under Minnesota statute 268.105 becomes very significant.

    Unfortunately, a lot of applicants filing their own appeals fail to tell the unemployment judge what the desired outcome should be or suggest alternatives.

    In other words, if the case should be reversed, tell the judge why and how by pinpointing legal issues, identify the correct rule of law, and share facts to support a reversal.

    Or, if another phone conference might be a way to fix legal errors and issues, say that too.

    Reconsideration: Another Phone Call

    Another great way to seek the desired reversal is helping an unemployment law judge reach the conclusion that a second or subsequent phone conference is necessary.  In other words, facts or evidence was missed and a second phone call would clarify an incomplete record.

    Of course, a lot of workers and employees do not like this idea because they need their benefits immediately.  I understand this need.  As mentioned earlier which is worth repeating, a reconsideration for unemployment benefits is not a sprint.

    This means slowing down.  This means seeking a continuance if necessary.  Also, this might require working through every piece of evidence at a snail’s pace.

    Reconsideration:  Types of Errors

    Those seeking a reversal of a decision or a second phone call have greater success when their reconsideration:

    • Outlines factual errors,
    • Constitutional violations,
    • Errors of law, statutes, and rules
    • Procedural mistakes, and
    • Evidentiary issues.

    Of course, there are many others and every situation is different.  For these reasons, Minnesota rule 268.105 is a great start to the unemployment appeal process.

  • 10 Really Complicated Informal Probate Steps

    10 Really Complicated Informal Probate Steps

    There are ten (10) informal probate steps in Minnesota.  Some folks need help from an estate attorney, while others do not.

    Nonetheless, lets quickly address a few quick steps to assist with this process.  So you know, everybody asks:  what is the difference between an unsupervised probate versus a supervised informal probate?

    If you had no idea there was a difference, no big deal.  Maybe these steps can help you too.  In my opinion, deciding and selecting the right probate process is a critical first step.   The major difference between both types of an informal probate is liability.  Generally, very few people want to be held liable for debts owed to a creditor.

    Thus, here is part of what I look at when trying to make this decision:

    First 5 informal probate steps

    Both an unsupervised and supervised informal probate starts the same.  The first five (5) steps are:

    1. Filing an application with the right court or venue,
    2. Having an informal meeting with the assigned Registrar (yes, the Registrar will review the application),
    3. Sharing the correct notice of appointment with every interested person,
    4. Fling an affidavit with the court, and
    5. Asking the court to issue letters appointing a personal representative.

    Next 5 informal probate steps: Unsupervised

    The next five (5) steps for an unsupervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Estate distribution.

    Next 5 informal probate steps: Supervised

    The next five (5) steps for an supervised process are:

    1. Asset collection,
    2. Inventory preparation,
    3. Settling claims with creditors,
    4. Tax returns, and
    5. Seeking a court order.

    What is the difference?

    Again, the major difference between both types of an informal probate is liability.  Generally, very few people want to be held liable for debts owed to a creditor.

    Yes, reducing liability owed to a creditor, taking the right steps to account for the assets of another person and distributing their assets accordingly to the rules of their will or a court is a responsibility imposed by law.

    Finally, consider reviewing these rules and laws to help your decision making process.