Author: Jasper Berg, J.D.

  • Did Ransomware for Unemployment Just Get Real?

    Did Ransomware for Unemployment Just Get Real?

    Ransomware for unemployment benefits sounds crazy, but lets assume the threats of computer viruses and ransomware this week are real.

    Rhetorically speaking, what if benefits are impacted by a malware program?  Even worse, what if we cannot file an appeal or request benefits?  Lets develop a contingency plan supported by law.

    Will Ransomware for Unemployment impact a Request?

    As unlikely as it might be,  I believe knowing there are different methods of requesting benefits can offer relief.  A computer is not the only source for a weekly benefit request.

    Did you know Minnesota supports a request by phone?

    I encourage everybody to have this unemployment link printed out and on standby.  Assuming applicants are prepared, I do not think ransomware will impact the request process for weekly UI benefits.

    Ransomware for Unemployment Impacts Appeals

    Somebody out there has already thought about using ransomware as a reason why they didn’t file an appeal properly.  Otherwise, I am the only one.  Although this defense probably won’t work, consider this.

    Minnesota’s unemployment appeal process supports filing an appeal using other methods in addition to a computer.  For confirmation, check out unemployment law 268.103, which outlines different methods for applicants to file appeals.

    Unfortunately, the directions offered by the Work Force Center contradict the statute.  If you read my take on the Work Force Center, then perhaps you already knew my position on their website.

    Anyways, the point I am trying to make is this:  an appeal for benefits is unlikely going to be impacted by ransomware for unemployment because of the Minnesota law referenced above.  But, following the requirements within the statute are going to become critically important.

    Ransomware Final Point

    Nearly everybody seeking benefits is looking for work or jobs using a computer.  Incase your computer falls apart down the road, consider this outline to hedge against computer glitches.  And, be careful with your e-mail!  

    Despite these new stresses, I wish you the very best during your appeal process.

  • Time is Up and Still No Response

    Time is Up and Still No Response

    Getting no response from the unemployment law judge is as frustrating as it gets.

    First, appeals are stressful.  Second, the benefit is desperately needed.

    The applicable rule for timeliness is Minn. Stat. 268.105.  But, lets put the rules aside and simplify things.

    Untrue Rumors about No Response

    • No, a judge missing a deadline has little impact on the success of a claim.
    • No, a judge missing a deadline does not mean applicants obtain a default victory. On the other hand, if an applicant misses a deadline, it can have a detrimental impact.
    • No, asking for feedback on when a decision will be made does not turn a good case into a bad case.

    What to Do when you get No Response from the Judge

    There are a number of ways to solicit a response.  This includes:

    • Calling the Appeal Hotline
    • Asking a State Representative to contact DEED
    • Filing documents with a Court, and
    • Sending a letter by mail asking for feedback on a decision date.

    For cases still in the phone appeal or reconsideration process, sending a letter to the Chief Unemployment Law Judge and the Commissioner of DEED can move mountains!

    How Long does it Take?

    If you start asking friends, you will drive yourself crazy.  Really, it depends on the week and month.  In my experience, I have seen decisions rendered in days.  Other times, I have seen cases get lost for months.

    Over the last few years, I have seen a more efficient process and I am hopeful most folks will see a decision within a few weeks.  In fact, sometimes my Clients receive a lump sum benefit payment before they see something in writing.

    Again, as stressful as this process can be, patience is key.

    On the other hand, applicants should absolutely knock on doors, make phone calls and send letters to assure their case is still moving forward.

    Finally, stay positive.

  • Reduce Military Control over your Children

    Reduce Military Control over your Children

    As parents, it is both exciting and a feeling of helplessness when our children join the military.

    I am a huge proponent of our armed forces and believe there are certain estate planning documents younger people can use to help their parents talk with or step in front of Uncle Sam in case of injury or a medical issue.

    Thus, I encourage all military families to engage their adult children and consider:

    Yes, there are other documents to consider too.  But, this is a great start.

  • Traveling While Unemployed Sounded Like Fun

    Traveling While Unemployed Sounded Like Fun

    Traveling while unemployed becomes a bigger issue than it already is an when applicants in Minnesota get audited.

    Now that spring break has come and gone, I am getting phone calls from MN applicants looking for advisement on the availability statute.

    For those skipping spring break and moving directly into cabin season, remaining eligible for benefits in Minnesota can become cumbersome.

    Traveling While Unemployed

    Every successful case starts with detail.  Unfortunately, most applicants trying to prove eligibility fail to take their audit seriously and incorrectly consider other eligibility rules.

    Luckily, you are different.

  • Jobs After Graduating vs Graduating Failures

    I am excited for the Class of 2017.  For those looking for jobs after graduating, I believe signing a non-compete agreement is literally the worst first step a new graduate can make.

    In other words, a graduation failure.

    If your next job interview turns into a sneaky non-compete, yell stop and get it reviewed before proceeding.

    I wish you the best.

  • Updated Health Care Directive Requirements

    Updated Health Care Directive Requirements

    Health care directive requirements change often.  I challenge you to find your directive and make sure it included the following:

    • Dated,
    • Signed by the person making the declaration,
    • Includes updated health care needs,
    • Contact information for loved ones (like their new cell phone number) are accurate,
    • A copy was given to every doctor seen in the last few years, and
    • Signature was verified by a notary and two unrelated witnesses.
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    Luckily, Minnesota has a list of formal requirements under MN statute 145C and 253B.

  • Unemployment Stuck is a Messy Process

    Unemployment Stuck is a Messy Process

    Unemployment stuck describes the person who does not know how to proceed with their appeal.

    First, thank you for coming back to my site.  Second, yes, I am biased because I believe my insights and experience can become very valuable for many unemployed workers.

    I hope you contact me such that we can discuss how to become unstuck.

    Otherwise, please check out some of my videos and social media accounts to stay current on my unemployment updates.

  • Who Profits the Most when You to Die Without a Plan?

    Who Profits the Most when You to Die Without a Plan?

    Take a guess who profits the most when you die without a plan.  Yes, failing to make a plan might actually generate more revenue for attorneys and your family.

    So yes, die without a plan makes life better for everybody except  your family.

    On the other hand, I believe making choices today can be the saving grace for a happy family.” 

    Here are a few ways you help your family:

    • Giving them permission to transfer your stuff before entering a nursing home,
    • Picking a back-up guardian for your child,
    • Helping them determine whether you should be buried or cremated,
    • Picking a quarterback to facilitate your estate,
    • Picking a back-up quarterback to handle your estate,
    • Helping your family identify heirlooms (like wedding rings),
    • Identifying a home for your pets, and
    • Everything else.

    Of course, if your family member didn’t have a plan, Minnesota protects families from unreasonable probate costs.

    Die Without a Plan

    In case it isn’t obvious, no, I do not want you to die without a plan.  In fact, I think we can offer tremendous value to our families (small and large) when we give them help.

    Thus, please share this with others if you agree.

  • Do You Know the First rule for Unemployment?

    Do You Know the First rule for Unemployment?

    The first rule for unemployment benefits in Minnesota is record keeping.  Wait, you don’t expect an appeal or denial for benefits, right?  Whether this is accurate or not, nobody can stop an audit or appeal made by an employer.

    Thus, the first rule specific to eligibility for benefits in MN is the opportunity to create your own record for the discovery stage of an unemployment appeal.

    Record Keeping 101: First Unemployment Rule

    In my experience, there are two places an applicant can find records important to their claim or audit:

    • At work
    • At home.

    Sometimes, getting evidence from work is difficult (but not impossible).  For this reason, I love the idea of creating a log at home which includes:

    • Fresh notes from the events that led to a discharge,
    • Hours spent looking for a new job,
    • Jobs and careers that were pursued.

    Records at Work

    Sometimes, folks will contact me needing help with an employer who lies.  Other times, applicants seeking benefits in Minnesota need help tracking down an important e-mail or personal improvement plan.

    Luckily, Applicants can use the rules for a subpoena to their advantage.  Other times, Minnesota’s statutes on employment records and one’s right to obtain such records are even more significant support during the unemployment process.

    Records at Home:  Fresh Notes

    I know most people think they will never forget the events that led to their job ending.  However, my experience suggests otherwise.  It is very natural for details to fall to the wayside.

    As a result, take 15 minutes and type-up details like time of day, co-workers and their job title and or what you were working on at the time of the event.

    Records at Home:  Hours Spent Looking for a Job

    Ten years ago, it might have taken 10-15 hours of cold calling just to find a reasonable opportunity.  Now, we can set up instant notifications at nearly every job board and announcement on social media.  (By the way, did you check out the social media links and follow my feeds?)  If not, please check them out.

    Anyways, my point is this:  keep track of your records.  Efficiency is not a curse.  But, tending to your garden wile your phone is in your pocket likely is not a job search activity.

    Thus, keep your eye on the prize.

    Records at Home:  Job Applications and Resumes

    It is easy to log and track jobs sought because we can keep copies of resumes very easily.  Between screen grabs and the snipping tool on your computer, every online job submission should be easily obtainable.

    Not to mention, you are going to need this information as you follow-up with a phone call, e-mail, etc.  No, this is not a lost art and I think it is very important for applicants focused on a new job.

    First Rule for Unemployment in Minnesota

    I know the information identified above seems trivial.  As an unemployment lawyer, I see way to many appeals that might have been more successful had applicants kept better records.

    Of course, I believe there are other ways too improve a case, when applicants have problems with their claim.  Nonetheless, stay positive and I look forward to meeting with you if you see the need.

  • I Know the Path you should Take

    I Know the Path you should Take

    Which path is right for an appeal?  This process can be confusing and overwhelming.

    While you conduct research,  please drop me a line and give me an opportunity to review the pros and cons of your appeal.

    I wish you the very best.

  • Minnesota’s Rule on Informal Brief for Unemployment

    Minnesota’s Rule on Informal Brief for Unemployment

    An informal brief for unemployment is stressful because most times, it is the first time a person has ever written an informal brief. But,

    Personally, I have written and advised countless applicants in Minnesota, on this very issue.

    Thus, please allow me an opportunity to clear the air.

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    Informal Brief for Unemployment – Most Important Piece

    In my opinion, the rules for an informal brief are second to the legal issues.  A legal issue is a topic or question reviewed by the Court.

    In many cases, if an applicant in Minnesota does not ask or present an issue, it might not get answered or reviewed.  As a result, making a list of questions is critical.  

    Then, I like the idea of adding or including these questions within a brief.  Public matters aside, this is a critical part of an informal brief for unemployment benefits.

    Informal Brief for Unemployment – One of My Jobs

    One of my jobs when I advise applicants is helping them identify the issues or questions that need to be presented.  Here are a few examples:

    The issue is whether the applicant quit or was discharged for employment misconduct”

    or

    The issue is whether the unemployment law judge made an error of law”

    Of course, there are an infinite number of issues that can be raised.  Selecting or identifying the most important issues will help an applicant in Minnesota appealing their claim have the greatest level of success.

    What is Not an Issue for an Informal Brief?

    In my experience, a lot of people appealing their benefits make the mistake of focusing on non-legal issues, like facts.  Now, I am not talking about evidentiary issues.  Instead, I am talking about whether an event was portrayed as a fact.  Here are a few examples:

    The issue is whether I was late to work”

    or

    The issue is whether I talked to my manager”

    These are not issues generally reviewed by Minnesota’s Court of Appeals.  Of course, there are exceptions and every case is different.  In other words, please consider contacting me directly, because I think my experience can be a game changer.

    Otherwise, here are additional free resources to check out.

  • Why thinking like an Unemployment Loser will help you Win

    Why thinking like an Unemployment Loser will help you Win

    Being an unemployment loser is painful.  I believe every worker deserves who quits or gets discharged deserves unemployment benefits.

    Even more, I believe approaching an appeal requires diligence and preparing for a victory.

    On the other hand, here is why I like the idea of thinking as a loser to help applicants be more successful.

    Unemployment loser with your application

    The first step in losing a claim is filling out an application for benefits as if you have no idea what the law is.  Every successful applicant should respond to their unemployment application as if Minnesota wants to prevent them from collecting benefits.

    There are two parties who want you to go away:

    • Your former employer, and
    • Minnesota.

    Okay, perhaps I am being a little drastic with Minnesota’s unemployment process.  However, let us not forget that THEY are the administer of benefits and have the power to prevent or stop future payments.

    For this reason, I encourage all applicants to know and understand rule 268.095 before filling out their application.

    Unemployment loser during your appeal hearing

    The second step in losing a claim for unemployment benefits is assuming an appeal is not in the cards.   In fact, earlier this week, a person told me they could not believe their approval for benefits turned into a denial of benefits.

    Here is why:  your former employer has a vested interest in whether you are successful.  Even if Minnesota approves your benefits and an applicant receives a letter stating they are eligible, a former employer has the right to file an appeal.

    Yes, an appeal hearing can be scary.  Phone hearings are scary because most applicants have never experienced:

    • Talking to a judge,
    • Being asked questions by their former employer, or
    • Making references to evidence in support of their rights.

    Regardless of a person’s level of experience, knowing the rules can greatly improve your process and mindset from an unemployment loser to an unemployment winner.

    You are not an unemployment loser

    I agree, using the term “unemployment loser” is very negative and I encourage every person seeking benefits to approach their application and appeal with purpose.

    On the other hand, I also encourage applicants, former employees or workers to approach their benefit process as if others are waiting for them to make a mistake.

    In other words, know why a question is being asked and try to familiarize yourself such that your responses are strong and supported by Minnesota unemployment laws.

    Reduce stress and anxiety

    Unemployment is stressful.  Please contact me, and we can discuss ways to improve your claim for benefits.