Living wills in Minnesota can be tricky. For better or worse, there is a suggested form. Under Minnesota statute 145B.04, there is a standard form that is supposed to help people express their wishes when or if they become terminally ill. Unfortunately, the statute requires strict compliance that often creates a host of other issues.
Take a hard look at the statute for living wills. Minnesota’s standard form creates lots of lines and spaces. When filled out incorrectly, these lines and spaces cause problems for families and doctors.
The biggest risk for anybody using the suggested form is the risk of contradiction. In other words, filling out the suggested form may contradict other significant documents like a health care directive, an organ donation card, or even worse, a power of attorney designation.
On the other hand, when a living will is drafted alongside other life planning documents, living wills can answer lots of significant questions.
Pros and Cons for Living Wills
Identify a proxy or person who can carry out another person’s wishes;
Appoint a guardian;
Express wishes for organ donations;
Answer questions about life sustaining treatments; and
A host of other issues related to terminal conditions.
Likewise, living wills have negatives too, which can include:
Blurring the lines of healthcare agents and living will proxies;
Creating risk for contradiction between other estate planning tools;
Provide an opportunity for unclear directives; and
A host of other issues.
Again, living wills serve a tremendous purpose. Because Minnesota law makes a distinction between healthcare directives and living wills, the bigger concern is addressing conflict and unintended consequences.
Thus, draft, check, and revisit every estate planning document to prevent contradictions.
Unemployment acronyms for benefits in Minnesota are getting out of hand. Here is why. Minnesota uses a combination of numbers and letters that makes little sense.
At a minimum, abbreviations should use letters that are easily recognizable. For example, MN for Minnesota. The reason that acronyms or UI codes are critical is because they help applicants understand the rule set assigned to their case. Unfortunately, this isn’t the case with Minnesota’s UI system. Not so in Minnesota.
“DUA or disaster unemployment assistance is another acronym that means PUA”
Minnesota’s online benefit system uses specific letters that align with an unemployment law assigned to an applicant’s case. For this reason, knowing the code can be extremely helpful.
Most applicants logging into their online system do not recognize this issue because it isn’t noticeable unless you are purposely seeking it out.
6 Categories of UI Acronyms
In general, there are six categories of benefit programs in Minnesota. Here are the unemployment acronyms for each category:
Regular State Unemployment Insurance (STUI)
Emergency Unemployment Compensation (EUC)
Disaster Unemployment Assistance (DUA)
Trade Readjustment Assistance (TRA)
Alternative Trade Adjustment Assistance (ATAA)
Inactive Program Types
Regular State Unemployment Insurance
Prior to COVID-19, most benefit claims were considered regular insurance benefits and identified as STUI or Standard Unemployment Insurance.
Really, this category is the default benefit category. Because of the Pandemic, lots of applicants have miscategorized claims.
In other words, lots of persons applied for benefits for reasons related to COVID and incorrectly had their case identified as STUI. Thus, knowing and seeing this as an issue can be extremely helpful.
Emergency Unemployment Compensation
The unemployment acronym E024 is another way of saying Pandemic Emergency Unemployment Compensation or PEUC. Wow, that may look really confusing, but it is worth knowing.
PEUC is confusing because the UI Office in Minnesota, in their infinite wisdom created three different codes to identify the same thing.
EUC = Emergency Unemployment Compensation
E024 and PEUC = Pandemic Emergency Unemployment Compensation.
For somebody just trying to collect their benefits and move onto their job search process, this confusion can add stress. However, the key takeaway is the following: PEUC is not the same thing as Pandemic Unemployment Assistance.
Disaster Unemployment Assistance
DUA or disaster unemployment assistance means PUA. Pandemic Unemployment Assistance (PUA) is the process of applying for benefits because a job ended as a result of COVID-19.
To make things even more interesting, the unemployment system also uses D002 to mean PUA. As a summary, this is what applicants may see inside their account:
DUA = Disaster Unemployment Assistance
D002 or PUA = Pandemic Unemployment Assistance
Trade Readjustment Assistance (TRA)
TAA and TRA benefits is an unemployment code that most applicants will not encounter. Nonetheless, here are the acronyms to know:
BSIC = Basic Trade Readjustment Allowance
ADDL = Additional Trade Readjustment Allowance
RMDL = Remedial Trade Readjustment Allowance
CMPL = Completion Trade Readjustment Allowance
Alternative Trade Adjustment Assistance (ATAA)
Alternative Trade Adjustment Assistance is an unemployment program limited to a select group of individuals. In general, this benefit is a wage subsidy for applicants 50 years of age and older and they do not earn more than $50,000.
Inactive Programs in Minnesota
Finally, the following list of acronyms are those that were formerly used by the unemployment office.
Even though most of these programs were used between the years 2007 and 2009, they usually come up during an audit or overpayment.
D001 = Disaster Unemployment Assistance
E001 = Ainsworth Lumber Company extension
E002 = Clearwater County extension
E003 = Kanabec County extension
E004 = Ainsworth Lumber Company extension
E006 = Federal Emergency Unemployment Compensation Tier One
E007 = Federal Emergency Unemployment Compensation Tier Two
E008 = Special State Emergency Unemployment Compensation
E009 = Federal Emergency Unemployment Compensation Tier One
E010 = Federal Emergency Unemployment Compensation Tier Two
E011 = Federal-State Extended Benefits
E012 = Federal Emergency Unemployment Compensation Tier Two
E013 = Federal Emergency Unemployment Compensation Tier Three
E014 = Federal-State Extended Benefits
E015 = Federal-State Extended Benefits
E016 = Special State Extended Unemployment Insurance
E017 = Federal Emergency Unemployment Compensation Tier One
E018 = Federal Emergency Unemployment Compensation Tier One
E019 = State Additional Benefits – Lockout
E020 = Federal Emergency Unemployment Compensation Tier One
PUA mistakes are showing up by the dozens. Even though I am hopeful that there is relief to be had, these issues are causing tremendous stress amongst the unemployed.
The problem is applicants near and afar do not know how to correct PUA mistakes created by Minnesota’s Unemployment Office.
This is a problem that dates back many months when people applied for unemployment benefits when the COVID-19 pandemic started. During the early stages of this process, applicants were pushed towards the wrong online application.
Now, applicants are appealing issues they didn’t imagine and told their account has an overpayment. Luckily, there might be an answer.
Without getting overly technical, Unemployment Insurance Program Letter NO. 16-20 offers guidance.
As stated in the UI letter, Minnesota must identify individuals who are potentially eligible for PUA and provide them with written notification of their potential entitlement. This includes applicants who were found ineligible as far back as January 2020. This is significant for any person managing an overpayment due to PUA mistakes.
With PUA mistakes running ramped, the good news is that after an applicant is disqualified from regular unemployment benefits, the PUA process supports backdated claims. On the other hand, time is of the essence.
Covered Individual is a point of contention for unemployed people seeking pandemic unemployment assistance or PUA benefits. Sure, receiving money today sounds great. However, things may go horribly wrong down the road. Here is why.
Pandemic unemployment assistance benefits feels easy. And, politicians from both sides are saying things to put people at ease. But, the devil is in the details.
The details come from a federal law called 15 USCS § 9021, which is a rule that tells us about Pandemic Unemployment Assistance. The key phrase inside this rule is “covered individual”.
In other words, people who meet the definition of covered individuals are eligible for PUA. Those who do not meet the definition are likely ineligible or weighing an opportunity to appeal a decision.
Who Is A Covered Individual?
Those that are more likely to have an easier time with the unemployment office are individuals or covered individuals who meets elements under 15 USCS § 9021.
In other words, this means a person who was:
Diagnosed with COVID-19,
A member of a household impacted by COVID-19,
Care for a family member impacted by COVID-19,
A person who lost childcare or is supporting a child that is not able to attend school,
An individual who cannot go to their place of work,
Workers who anticipated starting a job that was impacted by COVID-19, or
A person who’s place of work was closed due to a government mandate.
Of course, there are a lot more opportunities for covered individuals than those highlighted above. That said, our self-employed workers, business owners, independent contractors, and gig workers are most at risk of being denied benefits. Then, the process turns onto appeal strategies.
PUA Overpayments Will Start Again
Right now, it feels like everybody is being told that they are eligible for benefits. Once our unemployment office moves onto the second stage of claims, overpayments will again be a hot issue. After all, these types of issues came up in 2007 too.
For those that have followed me in the past, it was in 2007 that I sometimes used my 900 lb gorilla analogy. But, this doesn’t mean the end is near.
Instead, the idea of sharing this feedback is to make others aware that the rules are unclear and likely will require adjudication. When they do, applicants seeking unemployment benefits have
Separate trusts are good for some and bad for others. The issue is whether a trust should hold an exclusive asset like a retirement benefit or included as part of an aggregate?
Really, the issue depends on answers to a handful of questions:
An all encompassing trust that commingle assets can stink. First, doing so can be difficult for the trustee to pin down whether a distribution came from one asset or another. Second, the trust agreement must be clear on distributions.
From the perspective of Trustees and Trust Administrators, putting all assets into one trust probably isn’t ideal. That said, the terms of the trust is going to be the most important factor in reducing administrative nightmares.
Are Separate Trusts Worth It?
On the other hand, separate trusts might not be the best response either. Although there isn’t necessarily a set level where dividing retirement benefits from other assets is ideal, long-term costs should be addressed.
This is especially true when the beneficiaries are minors and the Grantor or Donor cannot predict the long-term needs for each child.
For some, a family pot trust may be a better option than having a separate trust.
One of Many Goals for Retirement Benefits
One size does not fit all. And, each family should put their own goals and needs first.
Families considering one trust or weighing separate trusts have an important job. The job is putting loved ones first and making decisions on their behalf while there is still time.
Unfortunately, these types of decisions are layered with tax issues and finding the best path for an Eligible Designated Beneficiary.
Registered agents have a specific purpose when specified for a business. The purpose of an agent in the business world is to complete service of process.
When creating an estate plan, this the goal is to assure clarity.
Simple so far, but a little more complicated as we start delegating business roles inside an estate plan. From an estate administration perspective, the question that usually follows is whether a trustee or successor trustee can serve as an agent too. This question is often asked because Minnesota’s online business formation forms calls for a declaration.
Certainly, a business can be organized by a person. But, entity or person that serves as an agent is slightly more complicated.
Minnesota’s rules for a Limited Liability Company broadly define the term “person” to mean:
An individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
On the other hand, a registered agent for a business entity is likely limited to a natural person residing in Minnesota, a domestic corporation, or limited liability company, or a foreign corporation or foreign limited liability company authorized to transact business in Minnesota.
Trustees and successor trustees know this because of Minnesota statute 5.36. According to the plain language of this rule, it appears trustees and successor trustees cannot not serve as a registered agent. On the other hand, the natural person, who also happens to be a trustee too, can serve.
Unfortunately, this is where the line between trustees and agents acting through a power of attorney or durable power of attorney can become blurred. In other words, preventing contradictions inside trust documents, while also delegating responsibility outside a trust is a significant goal in the estate planning process.
Trust types in Minnesota are nearly endless. Whether you are set on a revocable trust or an irrevocable trust, there are far more than two trust types in Minnesota.
Always clarify the intended purpose of the trust. Then, picking a trust type is easier. The trust purpose is dependent on needs, the property being transferred, and the beneficiary. If you do not know the ideal purpose for your trust, seek help weighing the pros and cons.
A trust is a document or legal instrument establishing the terms and conditions of our property, which is a legal arrangement where a trustee holds and manages assets on behalf of a beneficiary or beneficiaries.
There are several types of trust documents, each with their own specific requirements and purposes.
A trust is a promise made by another person. The promise is exclusive to holding property safe on behalf of a beneficiary. The person making the promise is called a Trustee.
The Trustee is given access to the property by a person called a Grantor. In many cases, the Grantor and Trustee are the same person. That is, until the Trustee is no longer able to manage their promise. Ideally, the promise is expressed and described in written format.
What makes a trust complicated is the fact that there are many types of trusts. In fact, there are more than 100 different types of trusts.
The trust type is often specific to the Grantor, intentions for the Beneficiary, and a host of other planning goals. For example, a trust can be used to avoid probate and navigate estate taxes.
Also, a trust can be used to reduce stress when considering long term care, like a nursing home or skilled nursing facility.
Other times, a trust is used to manage their business affairs, real estate, a family cabin, and protect their assets from creditors or a former spouse. Additional trust types might involve special needs, titled property, military veteran matters, and or agriculture.
Before you start focusing on selecting the right type of trust(s) that fit you and your goals, consider reviewing other frequently asked questions herein or attending an upcoming seminar to learn more.
Audio About Trust Types
Revocable Trust Types
One common type of trust document is a revocable living trust. A revocable trust can be used by a single person, a married couple, and unmarried partners. This trust type allows the grantor(s) to maintain control over their assets while they are alive, and transfer them to a designated beneficiary upon death.
There are many disposition options available for this trust type. Even better, it can be modified or revoked any time during the grantor’s lifetime. A Grantor has options regarding pre-residuary gifts for tangible personal property, real property, intangible personal property, pecuniary gifts, and of course, pets.
In addition, this type of trust supports see-through options, single options, and separate trust options for a spouse, descendants, grandchildren, nieces, and nephews.
Irrevocable Trust Types
An irrevocable trust is a legal arrangement where assets are transferred by the grantor into the trust, relinquishing ownership and control permanently.
Typically this type of planning document is used for asset protection and tax efficiency, and offering beneficiaries security and assurance of receiving designated assets according to the trust’s terms.
Single Beneficiary Trust
A common type of irrevocable trust is a single beneficiary trust. This is a one named beneficiary for a period of years or for life. Several options are available for the term of the trust and the disposition of the remainder including several optional powers of appointment. Supplemental Needs Trust and “see-through” (accumulation/conduit) trust options are also available.
Children’s Trust
A children’s trust is not what you think. From an irrevocable persecutive, a children’s trust is when a grantor doesn’t retains a right to income or principal. This kind of trust can be either a grantor trust or a non-grantor trust. with the intent of making assets non-countable, children trusts are used to protect assets when transitioning into a nursing care facility.
For families domiciled in Minnesota, this type of trust is used most often for life insurance. That said, this type of trust is also used with special needs, elderly care matters (shielding assets from nursing homes), veteran benefits, protecting assets from creditors, and installment sales and purchase agreements.
Irrevocable Life Insurance Trust or ILIT
Another opportunity is an irrevocable life insurance trust (ILIT). This kind of trust holds assets for life insurance. That said, a life insurance trust can hold more than insurance. Features of this kind include life insurance provisions intended to save on taxes, Crummey Powers, Installment Options, and contingent martial triggers.
Tax Planning Options for a Trust
Tax planning for any kind of trust is an exclusive conversation. Indeed, there are opportunities for tax planning with every trust. Because Minnesota has an estate tax, tax planning is especially important.
Nonetheless, tax planning for either a revocable or irrevocable trust types includes reviewing disclaimer options, credit shelter or marital deductions, seeking excess exemptions like the formation of a QTIP, Generation Skipping Transfers (GST), or optional direction for a deceased spouse’s unused exemption amounts (“DSUEA”). In all, tax planning is a critical step.
Testamentary Trusts in Minnesota
A less common type of trust is created and administered using a will. In previous decades, testamentary options were very popular. Today, families see the conflict of forcing loved ones into a probate court process to form and facilitate their assets.
For those deciding between a testamentary trust, this type of document is established through a will, and only takes effect after a person dies. It can be revocable or irrevocable, and is often used to provide for minor children or other beneficiaries who may not be able to manage their own assets. Additionally, there are stronger options. Other planning options allow for immediate impact versus waiting on court approval.
All this aside, each type of trust document requires careful consideration and expert legal advice to ensure that it meets the grantor’s needs and objectives.
More Minnesota Trust Types
Further, opportunities are endless, when working through the purpose of a trust and various estate planning needs. To assist with your research, here is list of various trust types worth considering:
Accumulation Trust
Active Trust
Alimony Trust
Animal Trust
Annuity Trust
Bank Account Trust
Bitcoin Trust
Blended Trust
Blind Trust
Bond Trust
Business Trust
Bypass Trust
Charitable Remainder Annuity Trust
Charitable Remainder Trust
Charitable Trust
Children Trust
Claflin Trust
Clifford Trust
Common Law Trust
Community Trust
Complete Voluntary Trust
Complex Trust
Constructive Trust
Contingent Trust
Credit Shelter Trust
Custodial Trust
Destructible Trust
Directory Trust
Direct Trust
Discretionary Trust
Donative Trust
Dry Trust
Educational Trust
Equipment Trust
Equipment Trust
Estate Trust
Ex Delicto Trust
Executed Trust
Executory Trust
Express Active Trust
Express Private Passive Trust
Express Trust
Fixed Trust
Foreign Situs Trust
Foreign Trust
Generation Skipping Trust
Governmental Trust
Grantor Trust
Gun Trust
Honorary Trust
Illusory Trust
Imperfect Trust
Imperfect Trust
Implied Trust
Indestructible Trust
Insurance Trust
Inter Vivos Trust
Investment Trust
Involuntary Trust
Irrevocable Trust
Land Trust
Life Insurance Trust
Limited Trust
Liquidating Trust
Living Trust
Marital Deduction Trust
Medicaid Qualifying Trust
Ministerial Trust
Minnesota Trust
Mixed Trust
Naked Land Trust
Nominal Trust
Nominee Trust
Nondiscretionary Trust
Oral Trust
Passive Trust
Pension Trust
Perpetual Trust
Personal Trust
Pour Over Trust
Power of Appointment Trust
Precatory Trust
Presumption Trust
Private Trust
Protective Trust
Public Trust
Purchase Money Resulting Trust
Qualified Terminable Interest Trust
Real Estate Investment Trust
Reciprocal Trust
Remedial Trust
Resulting Trust
Retirement Benefits Trust
Revocable Trust
Savings Account Trust
Secret Trust
Self-Setttled Trust
Shifting Trust
Short Term Trust
Special Trust
Spendthrift Trust
Split Interest Trust
Sprinkling Trust
Support Trust
Tentative Trust
Testamentary Trust
Totten Trust
Transgressive Trust
Unit Investment Trust
Unitrust
Vertical Trust
Veterans Trust
Voluntary Trust
Voting Trust
Wasting Trust
Lawyer For Choosing a Trust Type
If you’re searching for a trust lawyer near you, consider contacting this law office for a free visionary meeting, such that you can share your goals and planning needs.
Twin Cities Trust Planning Attorney
I meet potential clients by phone, email, video, one-on-one, and through educational seminars. If you live or work in the Twin Cities, great! Do not allow where you live prevent you from contacting this law office for help.
This law office serves individuals and families near and afar. Even if you are limited to a cell phone, this law office can help. As a result, residing near Edina, St. Louis Park, Richfield, Eden Prairie, Bloomington, Minneapolis, Hopkins, Minnetonka, Saint Paul, Woodbury, Eagan, Burnsville, Plymouth, Blaine, Wayzata, or a city in-between, this law office is ready to field your inquiry.
Trust Planning Lawyer in Edina, Minnesota
Although located in Edina, MN, it is very common that an attorney from this law office to meet with Clients outside the Twin Cities area and in rural areas. After all, assets are often located in multiple counties and jurisdictions.
The new COVID 19 law for unemployment benefits was finally posted online. For those inquiring about benefits and looking for a source of truth, please consider Chapter 71, HF No. 4531 along with other unemployment laws and rules.
For those trying to determine the difference between a rule and a law, consider starting here.
COVID19 Aid Bill is the rule that helps people and families acquire unemployment benefits as a result of the corona virus.
In my line of work, the best place to start is the text of the rule. The Governor’s speech was nice, but not helpful until the rule gets published.
I agree, waiting for the text of the rule or bill is stressful. That said, once the stimulus package or rule is published, many of the questions and concerns being felt by unemployed workers, employees, independent contractors, and gig workers will hopefully get answered.
As health care needs evolve—whether due to aging, a medical diagnosis, or unexpected life events—so too must your estate planning documents.
From health care directives to durable powers of attorney and living wills, having up-to-date estate documents is essential to ensure your medical wishes are honored and your loved ones are protected. Failing to revise these documents regularly can leave you vulnerable during times when decisions must be made quickly and accurately.
In today’s complex medical and legal landscape, your estate plan should reflect your current health status, trusted decision-makers, and personal values.
Updating healthcare planning documents like your advance health care directive, HIPAA release forms, and living will ensures your voice is heard—even if you’re unable to speak for yourself.
It also provides clarity and peace of mind for family members, reducing confusion or potential disputes during medical emergencies.
All people, are encouraged to immediately review their healthcare related documents. This is especially true for people 60 and over or with a chronic underlying condition. Health care documents include: living will, DNR, health care proxy, and HIPAA releases.
In many instances in the past, an agent would be in the hospital with the individual who appointed them, document in hand when prepared to act.
Given quarantines and the need for social isolation this may not only be impractical, but may not be permitted.
Language should be expressly added to all healthcare related documents wherein the person executing the document expressly authorizes the agent to give directions by telephone, text, facetime, web conference, email and other forms of communication.
Corona unemployment claims are here and my first regret is the amount of time it took to share the following. For those who recently contacted me about job loss as a result of artificial intelligence, the COV-19 virus is more imminent. As a result, lets jump right in.
In general, there are 5 outcomes that many employees and workers will want to consider. I will discuss these outcomes below. But, before an outcome can be assessed, lets first consider the present.
Corona Job Loss Question Number #1
The first issue is whether or not wages have ended. If wages already ended, then the feedback described below is important.
On the other hand, if wages have not ended, the idea of seeking or filing a claim for unemployment benefits today is probably more about fear. Because fear can be debilitating, please go your best to manage it accordingly.
Every worker and employee trying to prepare for future corona unemployment claims should consider reading the eligibility conditions under Minnesota statute 268.085 as their first step towards the unknown.
Corona Impact on Hourly Employees
Very likely, hourly employees will be the first group of corona unemployment claims.
That aside, there is hope. There is hope inside Federal and State governments granting benefits through disaster assistance programs.
Here in Minnesota, there is hope too, especially after an applicant or hourly worker meets the one week grace period found here.
But, a word of caution. Each and every person applying for benefits should take scrupulous notes to reduce the risk of a future audit. Why do I say this in a time of need? Because your future self is counting on it.
To date, I am still seeing the residual impacts of unemployment audits from claims dating back to the 2007-2008 recession. If you or a loved one fell into this circle of appeals, then you already know the issues. For those managing this for the first time, consider reading on.
Corona Impact on Salary Employees
For the workers and employees receiving a salary, lost wages probably isn’t the first sign that an unemployment claim is imminent. Instead, I forsee salaried employees being asked to stay home, perform under different conditions, or take a paid leave of absence.
For the salary employee who is told otherwise, then perhaps the cards are aligning for a layoff. If such is the case, future corona unemployment claims will hinge on whether the the layoff was today or sometime in the future. This sounds strange, so hear me out.
Present and future layoffs his will get tricky because many workers and employees will get trapped by the shear emotion attached to industries getting destroyed.
In unemployment world, a layoff comes when workers are told to go home. Leaving early before the ship sinks is usually a recipe for problems.
Because every situation will be different, hopefully the majority of salary employees are able to acquire clear statements from their employer and affirm their layoff as a discharge.
Mentally, very few people view a layoff as a discharge, but the distinction matter. This matters because of the term “discharge” and its application under Minnesota statute 268.095.
5 Job Outcomes Due To the Corona Virus
Corona unemployment claims are going to be tricky. In general, there are 5 likely outcomes:
Job loss due to lack of work
Claims as a result of unpaid wages
Employees who decide to quit,
Employers who play verbal games with their staff, and
Employees that remain employed.
Unfortunately, there will be the problem of misrepresentation. Unemployment benefits get tied to taxes paid by employers. For this reason, there will be a percentage of claims tied to fabricated misconduct. Hopefully, this gets caught early on.
In general, I like to see applicants complete their application for benefits with a specific purpose: helping Minnesota’s claim office to decide in favor of awarding benefits.
Then, the name of the game turns to remaining eligible, assessing payments that delay awards, and seeking new employment opportunities.
In the meantime, for those put in the position of filing an unemployment appeal impacted by the coronavirus, be proactive in your process.
Coronavirus or COVD-19 is serious. From an estate planning perspective, I encourage families, especially the young and old, to prepare for any outbreak, not just a #CoronavirusOutbreak 🤢. This goes for our frontlines too.
How Does One Prepare for A Global Virus?
One’s health is most critical. For this reason, I like the idea of putting documents in place such that loved ones can act on my behalf. This starts with:
Eligible Designated Beneficiary or EDB is a term created by the SECURE Act under IRS rule 401(a)(9).
An EDB is a person who has lifetime distribution opportunities to an Individual Retirement Account or IRA. Because this new rule set changes required minimum distribution rules, an EDB designation is significant.
In general, an Eligible Designated Beneficiary is a:
Surviving spouse to an employee or owner of an individual retirement account,
A Child of an IRA owner who has not reached the age of majority,
A beneficiary who is also disabled under rule 72(m)(7),
A chronically ill person within the meaning of section 7702B(c)(2), and
An individual who is not more than 10 years younger than the employee or owner of a retirement plan.
Because this term modifies the rules where a person dies before distributions from an IRA are completed, this new rule impacts both the young and old.
Where is the SECURE Act is trending on the internet. Why? Because finding the text to this new law is nearly impossible to find online.
Even worse, the general public is left with editorial feedback on the rule change without having an accurate resource to read the law for themselves.
Luckily, there is an answer.
Finding the SECURE Act in Other Places
Currently, a better way to find a copy of the SECURE Act is to review a congressional report called 165 Cong. Rec. H 10386.
Another way of finding information about this update to our tax code is by looking at any of these federal reports:
H. Rept. 98-1159
Conf. Rept. 105-217
S. Rept. 114-79
H. Rept. 116-62
H. Rept. 116-78
H. Rept. 116-107
S. Rept. 116-126
H. Rept. 116-353
As a reminder, this new law is a fancy way of saying our IRS rules and statues were updated.
In the future, and hopefully sooner than later, everyone will be able to access an updated 26 U.S. Code 26, the chapter of laws devoted to the Internal Revenue Code, using free resources online. This will be significant for families and Eligible Designated Beneficiaries.
Final Thoughts on Finding the Secure Act?
In the meantime, the best way to find the SECURE Act is to utilize paid legal subscriptions.
On the other hand, another option and a highly unutilized resources is visiting local law libraries open to the general public.
A living trust shouldn’t feel like algebra. If you are considering a Living Trust or want to know more about what it means and how it works, then consider my simplified definition.
In general, this type of estate planning tool is a piece of paper that is controlled while we are alive. In other words, a document that allows flexibility.
When we die or become incapacitated, a living trust turns into an irrevocable trust. So, getting the living trust language right the first time is important.
If you need help addressing the good, the bad, and the in-between of this tool, you found the right place.
I see a lot of people who are fearful that a trust makes life more complicated. And, I see a lot of families get scared off by fancy names like a conduit trust, grantor trust, a see through trust, or even a “complex” trust.
For now, keep it simple. Just like there are hundreds of different makes and models of cars, there are an infinite number of trusts and types. Every trust is different because every person is different.
Now is not the time to turn back. Remember, this is about keeping this simple and down to one sentence versus outlining everything that you should write.
A Living Trust versus a Revocable Trust
Generally, a living trust and a revocable trust are one in the same. However, they don’t have to be. A living trust that is revocable too is a piece of paper that allows a person to terminate or end the trust.
Living Trust versus a Inter Vivos Trust
In Minnesota, a living trust and an inter vivos trust are the same. A living person who is at least 18 years of age creates a trust during their lifetime. The trust document be revocable or irrevocable, simple or otherwise.
Reasons for a Living Trust
In Minnesota, there are many reasons why a person or couple create a living trust. As a reminder, the reasons are different for every person and family.
In no particular order, a person entertains a living trust to:
Brain donation is turning into a big topic for military veterans with various battlefield injuries like PTSD and CTE. Some military veterans are doing it as a way to continue their service of others, while other vets want clarity for their family members.
Regardless, there is a right way and a wrong way to donate one’s brain or any body part for that matter. Unfortunately, military veterans are acquiring bad information.
If military veterans take the advice in published articles outlined in the American Legion, military veterans in Minnesota might not get what they expected. And, online web designations are making matters worse.
Luckily, there is an answer.
Pledging A Brain Donation
As it stands right now, making a pledge to donate a brain through an online website like CLF or VA-BU-CLF isn’t good enough. There are four significant reasons why:
Doing so may contradict other official statements made on a Minnesota driver’s license;
Pledging a brain donation may contradict previously created estate planning documents;
The donation center selected today might not be around in 5, 10, 20, 30, 40, or 50 years;
And, if your Family doesn’t know, nobody knows.
Veterans Wishing to Donate Organs
The process for military veterans wishing to donate their organs is a similar process as those who do not. Use a formal document that complies with Minnesota Chapter 525A and clearly express one’s wishes.
Expressed wishes sometimes show up inside a health care directive.
Other times, the details of an organ donation are outlined in a specific organ designation form.
Ideal Practices for Organ Donation
Ideal practices may include:
Making a decision,
Having a discussion with key family members (spouse, adult children, etc.),
Having a formal document clearly state what is intended by the organ donor,
Following the rules under Minnesota Chapter 525A, and
Having a written statement that allows the Health Care Agent or Organ Care Agent an opportunity to make choices or changes on behalf of the military veteran if required.
Future Organ Donations
For military veterans wishing to make a brain donation, I like to see contingency plans that favors other family members. Unfortunately, many military families cannot predict the future needs of a relative or grandchild.
Donating a brain today sounds great. But, what if a future grandchild needs a kidney, liver, or cornea? Certainly, every organ donation should allow for other needs, just in case.
For these reasons and the rules governed under Minnesota Chapter 525A, a brain donation is not as simple as making an online web designation. Instead, include this type of designation to a personalized estate plan.
RMD is an acronym for “Required Minimum Distribution”. RMD is a fancy term used to describe rules on time and money impacting retirement plans. In other words, how much money must a person take from their retirement product in any given year?
Absolutely, RMD is important from an estate planning perspective too. But, if this is your first time addressing this, let us start slow.
Rules and laws for RMD requirements come in two flavors:
Rules during a person’s life, and
Rules after a person dies.
Where To Start with RMD?
Really, you already started, so there is that. Now, let us add a second piece. What are the rules?
What makes a rule easier to follow are those that are written down. Rules spoken about as if everybody knew them are unfair. Why? Because most people have never read RMD laws.
Luckily, you are different and took it upon yourself to start reading about Required Minimum Distributions because you want to know how it impacts your retirement, spouse, and adult children. Thus, good for you!
RMD Rules and Laws
Like I mentioned earlier, I like rules that are written down.
Here is a short, but not complete list of laws and rules that apply to RMD requirements:
On the other hand, if you are looking for the specific law when everything started, you can begin your search with P.L. 99-514.
Required Minimum Distribution Laws are Important
From an estate planning perspective, RMD rules and laws are important for our trustees, beneficiaries, spouses, and us as owners of accounts.
Certainly, leaning on professionals makes sense because these rules have long term impacts. On the other hand, these rules are important because they impact our money and tax bill.
For this reason, I believe individuals and families willing to spend time to create a personal RMD roadmap are helping their trustees, spouses, and children in the long run.
Christmas layoffs feel horrible, which is why I wanted to identify six reasons why things will not be as bad as you think.
After grief, the step following a layoff is seeking unemployment benefits. If this is your first time approaching this problem, please consider these six points as you begin your search for employment.
If a job must end, being laid off is the best involuntary reason for work to end.
Of course, when a job transition is blurred between a layoff, quit, or termination, this is generally where people seeking unemployment benefits make errors in their application process.
That aside, when a worker with certainty experiences a Christmas layoff, generally speaking, that person has far more advantages from an unemployment perspective versus any other type of job loss.
Part-Time: Reason #2
The second reason being laid off during the holiday season is the best time for a layoff is given the opportunities for part-time work.
Many people scoff at this. After all, they want a full-time job. However, the idea of adding part-time work to one’s job search process is intended to buying time. More on this in a second.
But first, if you are an upper level manager or executive, perhaps you are now turned off by my reference to part-time employment. Part time jobs do not downgrade careers. And, nobody needs to know. That said, upper level employees encounter a different set of issues, which I discuss in other posts.
Back to buying time. What I mean is the process of finding part-time work with the intent of delaying the payment of benefits under Statute 268.085.
Why would a person want to do this? Here are three reasons:
To get out of the house,
Building hope that benefits will not end after 6 months, and
Giving oneself a bigger window to find the ideal full-time opportunity.
Again, part-time work opportunities are abundant around the holidays versus the summer months.
Over the last few years, the summer months generally see a higher unemployment rate than our winter months. My source of truth stems from the seasonally adjusted unemployment statistics published by MN DEED.
If this doesn’t convince you that the best layoff is a Christmas Layoff, then consider my third reason.
Summer Job Seekers: Reason #3
Working with unemployed employees at all levels, it is my experience that summer layoffs are worse. I believe this is the case because there are fewer opportunities for short-term or temporary jobs.
Look, workers and employees who are able and willing, are going to find work. The best job might not come along right away, but eventually, it must.
Yes, the job search process at 45, 55, and 65 feels icky. For that matter, the job search process at 25 and 35 feels icky too. But, the job search process is not impossible. Just different than the last time you were looking for a job.
Even better, laid-off workers in Minnesota can collect unemployment benefits for 26 straight weeks. When things get bad, our Government has the option to extend unemployment benefits even future. This isn’t guaranteed, but it helps.
Because laid-off workers are required to wait one week before collecting, this puts most people in the month of June before benefits will end. If my intuition is right, you are going to find a job long before June.
For those that disagree, might I suggest more positive thoughts. If this doesn’t convince you, then consider my fourth reason.
Company Budgets: Reason #4
Most businesses and companies start over with their budget on January 1. This generally means companies are firm on growth projections and needs. In other words, new job postings are more likely to get posed in the new year. Also, this means an unemployed worker is less likely to hear “we have a hiring freeze“.
For the types of businesses that ramp up in the spring or summer, you are ahead of that curve too!
If this doesn’t convince you, then consider my fifth reason.
Taxes Start Over: Reason #5
Collecting unemployment in January is better than collecting unemployment in October or November.
On their own behalf, some of my past Clients take it upon themselves to set aside their own tax deductions. When an applicant in Minnesota fills out their application for benefits, they will be asked whether they want taxes taken from their benefit.
Of course, this is a personal choice and requires feedback from a tax professional.
However, it is reassuring that the tax window for benefits after a Christmas layoff is pushed out a little further. Combine this with the hope of landing a new job in the months to come, I view this as a positive.
If this doesn’t convince you, then consider my sixth reason.
Minnesota Unemployment: Reason #6
On a week by week basis, Minnesota pays the second most in unemployment benefits. In other words, I would rather be unemployed in Minnesota than 48 other States.
If you are curious, Massachusetts pays the most. If you have an hour, here is a cool website with additional UI data points.
Final Christmas Layoff Thoughts
I believe in Christmas Miracles. You are one phone call from making things turn around. Whether your miracle comes this week, in four months, or thereafter, today is the goal.
Nonetheless, I wish you and your family the very best during this holiday season.
Transfering a house into a revocable trust is the process of funding the trust. When this process goes bad, mortgage payments can balloon and property can end up in the wrong hands.
To reduce these risks, there are generally 4 issues needing review before a home is moved into a revocable trust.
Even though each issues is specific to the property itself, knowing what to ask may help homeowners make longevity decisions in favor of their spouse, children, or heirs. Sometimes, even pets.
Perhaps i is obvious, but looking at the current deed of a property before moving a home into a revocable trust is an important step. Of course, there are others steps, but obtaining and reviewing the deed cannot be overlooked.
Reviewing the deed is important because the deed identifies the owner and legal description.
Then, these elements should be compared with other legal documents, like a marriage license or birth certificate or the County Recorder’s Office.
If either one of these elements are wrong, likely the deed should be corrected prior to a conveyance into a revocable trust.
Review the Mortgage
The next issue is determining whether the mortgage itself, supports a transfer. This is important because of the risk concerning due on sale clause. If there is more than one mortgage, then each mortgage needs to be reviewed.
Defaulting on a mortgage for an unauthorized transfer or breaching a due on sale clause are scary scenarios to be avoided at all cost. Likely, this means involving the mortgage company and asking the lender for an approval to certain documents.
Thus, double and triple checking the mortgage language before funding a revocable trust with a home is non negotiable.
Homeowners Insurance Problems
Yes, transfering a house into a revocable trust can cause insurance problem or a lapse in coverage. The answer to this issue is also found within long winded insurance policies.
For this reason, inquiring with the homeowner’s insurance agent or asking the insurance company to add a trustee of the trust can prevent insurance problems.
Conveyance Forms
Conveyance forms are specific pieces of paper used in Minnesota to track property transfers. Upon first glance, Minnesota has more than ten pages of possible forms. As a result, guessing is not an option.
When a revocable trust us funded with a home, many families weigh the pros and cons of a quit claim deed versus a warranty deed.
Other times, families forego a conveyance all together and seek out a Transfer on Death Deed (TODD).
As a result, transfering a home into an inter vivos trust requires reviewing which conveyance form is best.
Transfering a Home and Tax Consequences
Preventing a taxable event before transfering a residence into a revocable trust is a common goal. Before conveying real property into a trust, reviewing the tax consequences from the perspective of the Grantor, Trustee, and Beneficiary is a necessity.
Other issues to consider is the homestead creditor protection or property tax exemptions. Otherwise, here is another great resource created by the IRS.
Final Funding Thoughts for a Home
Perhaps funding a revocable trust with a house looks daunting. That said, this is all about reducing risk.
From a practical perspective, taking prudent steps to prevent problems is easier than fixing problems.
Death certificates in Minnesota are easy to acquire and creates a security risk. Yes, just about anybody can obtain a copy of the certificate by mail, fax, and on-line. Unfortunately, this means bad guys can get them too.
A person can spend their whole live keeping their information private. Then, upon their death, that same person exposes their:
Date of Birth,
Social Security Number,
Full Name,
Mariage,
Place of Birth,
Residence,
And list of other private information for for a small fee of $13.
Of course, Minnesota goes out of their way to protect privacy. For example, there are a bunch of forms that need to be filled out in order to obtain a copy of the Death Certificate.
On the other hand, bad guys lie.
After A Loved One Dies
Because this issue keeps me up at night, I like to see spouses, adult personal representatives, or trustees immediately upon the death of their loved one to do the following:
Give notice of death to the Social Security Administration,
Provide notice of death to the IRS,
Give notice of death to Minnesota’s Department of Revenue,
If the loved one was a Veteran, give notice to the Veterans Administration, and
Purchase online security protection.
Why So Fast?
Literally, giving notices and purchasing online security protection needs to happen days after a person dies. Here is why. As soon as an obituary is posted, the whole world will know about the death.
Yes, obituaries are wonderful tools to share stories and the like. But, obits and death certificates in Minnesota are the feeding ground for identity theft.
Always assume questions asked on-line or by mail will get repeated. For some, a new questionnaire can come days later. For others, DEED’s repetitive requests can come months later.
Requests for Information Will Keep Coming
Here is what happens. Claims for benefits begin by Applicants filing claims for benefits. Once submitted, Minnesota’s unemployment office will submit a similar questionnaire to the Applicant’s former employer. Assuming the former employer provides feedback, DEED will review the answers.
After DEED receives and reviews answers provided by the Employer, the unemployment office has the option to re-submit questions to the Applicant for further consideration or make a determination of coverage.
Unfortunately, Applicants are hardly provided with the details from the answers provided by their former employer. Instead, this will come down the road in yellow envelopes.
Nonetheless, the idea of keeping copies of questions and answers is to gage what was said in the past and to prevent contradiction.
Wrong Answers Given
Lots of Applicants believe they gave the wrong answer or feel like they contradicted themselves when asked to to respond to a request for information.
There are lots of reasons why Applicants feel this way. Here are just a few:
They were under stress,
Misunderstood questions,
Memory lapse, and
Lack of knowledge,
Sometimes, facts shared through this process can get clarified through the appeal process.
Powers described in a Power of Attorney form give another person the ability to act on behalf of another person. I like to call these “Super Powers” because they generally do not require verification from the grantor.
If you have attended one of my community education courses, then you know what I am referring to. If not, below is a short list of powers a grantor has the option of granting to their attorney in fact by using the form under Minnesota Statute 523.23.
As referenced inside Form 100.1.1 and known as Minnesota’s Statutory Short Form Power of Attorney, the grantor can give their attorney in fact the ability to:
Of course, the above words and phrases do not mean much if the person trying to govern a responsibility doesn’t understand its scope. For this type of person, perhaps revoking authority is a stronger response. Otherwise, Minnesota has an answer for managing responsibility too.
For those curious, the construction of these terms are described thoroughly under Minnesota Statute 523.24. Additionally, please contact this law office for feedback regarding your specific situation.
Change to an estate plan happens for many reasons. Many people wait until it is to late. Luckily, Minnesota laws support a change to an estate plan when the the grantor or testator is of a sound mind. Assuming this is true, there is no better time than the present.
That said, here are a few reasons why people make revisions to their estates:
Births or Adoptions,
Deaths,
Divorces to Guardians or Personal Representatives,
Marriages,
New feelings towards Guardians, Trustees, and Personal Representatives,
An increase in the composition of an estate or an expected inheritance,
Updates to state residence, and
Changes in Minnesota or Federal laws.
When to Think about Change?
Look, many of us see a doctor once a year. Many of us see a dentist a couple times a year. Many of us meet with our accountant once per year. Well, revisiting our long term affairs requires our attention too.
The holiday season is a great time to reconnect with extended family. But, I like the idea of doing a deep dive on one’s estate plan around the same time we file our tax returns. For some this is far too late. For others, it is just right.
As a result, trust that distant voice. The right time is right now.
M21 is a significant reference for military veterans and their claims for benefits. In a nutshell, M21 is a document that describes the VA process for rendering benefits for all sorts of issues, including:
For the Vets who know what this document is all about, Veterans confuse sections and parts. If this already sounds confusing, do not be afraid.
Yes, the manual has many parts and uses a strange numbering system. Do not allow this to be a roadblock.
Always assume you have an outdated M21-1 Manual. Luckily, Veterans, military families, and VA Benefit lawyers can find updates to the M21 Manual here, which shouldn’t be confused with the VA’s old M21 link.
CLIMB is an unemployment program in Minnesota that supports dislocated workers. CLIMB is an acronym for Converting Layoffs Into Minnesota Businesses.
Unfortunately, this program is incredibly new and contradicts unemployment statutes.
As a result, MN’s CLIMB program is causing problems.
CLIMB History
First, a little history. Yes, CLIMB is new. Perhaps others will talk about this program as if it has been around since the beginning of time, but really, it hasn’t.
Yes, there is more than a decade worth of bills and suggested legislation that has gone into this new rule.
The rule that finally went into place stems from something called Sec. 116L.17.
Details for the CLIMB Program
Here is what the statute says:
Converting layoffs into Minnesota businesses (CLIMB) is created to assist dislocated workers in starting or growing a business. CLIMB must offer entrepreneurial training, business consulting, and technical assistance to dislocated workers seeking to start or grow a business. The commissioner, in cooperation with local workforce councils, must provide the assistance in this subdivision by:
(1) encouraging closer ties between the Small Business Development Center network, Small Business Development Center training providers, and workforce centers, as well as other dislocated worker program service providers; and
(2) eliminating grantee performance data disincentives that would otherwise prevent enrollment of dislocated workers in entrepreneurship-related training.
Really though, the program is in its infancy stage and feels a lot more like the wild wild west. Currently, the only case that even addresses the statute itself is Pernue v. Craigin Mach Shop. But, this case doesn’t help applicants navigate CLIMB.
In my experience, workers trying to collect unemployment benefits sometimes find it difficult to meet eligibility conditions under Minn. Stat. 268.085.
Minnesota’s Converting Layoffs Into Minnesota Businesses program has the potential of pushing applicants into problems with eligibility conditions. This is especially true when the program fails at offering clear guidelines.
Unclear guidelines are inspiring audits. And, applicants are finding it necessary to appeal issues of concern.
Appeal CLIMB Issues
With most government program in Minnesota, decisions are appealable. Exactly how and when is the generally the issue.
In the meantime, applicants should be even more diligent than they normally might. This includes reading, recording, and saving everything. For those wishing to appeal, please consider contacting this law office.
What does a $550 Million Dollar will look like? Well, we found out a short while ago when the will of Jeffrey Epstein was filed in the Superior Court in the United States Virgin Islands.
A few key points we can take away from this document:
A last will and testament is a public document,
The names of the people identified inside a will become public, and
Picking an executor or personal representative without discussing it with them prior can have detrimental effects.
Luckily, the process you take can be different and even more importantly, better.
The unemployment office uses words all day long. Some are described on their website. Other words are used in their letters, yellow envelopes, or by phone.
Unfortunately, the words that get used are unclear because they encompass laws, rules, and statutes that most unemployed workers are not taking into consideration.
Luckily, a prepared applicant seeking an appeal can help their own process by looking at other cases and examples. Generally, there isn’t going to be a perfect case just like the one being pursued.
This shouldn’t be a surprise though. After all, everybody has a different story, a different boss, and usually a different employer cutting the check.
What Does Unemployment Really Mean?
When I am looking at words like employment misconduct or wages, I like the idea of turning to Minnesota’s Chapter 268.
Minus experience, when I am trying to predict how a hearing might unfold, I start with Chapter 3310.
Using decisions that have already been made can have a positive impact on a case. Luckily, there is a free search tool for this too. Have you heard of Google Scholar?
Yes, every judge has a different style and every employer uses different strategies. Luckily, unemployed workers are resilient, tough, and ready for the road ahead.
The Federal Work Comp program is an interesting set of rules based on FECA. In its long form, FECA is better known as the Federal Employee’s Compensation Act.
Yes, FECA helps compensate Civilian officers and employees when they are injured or hurt at work.
Because the federal claim process is unique and different from state worker compensation programs, knowing who is covered and how is not is even more critical.
FECA Protects Gov’t Workers
In general, the Federal Work Comp program helps:
Civilian Employees
Civilian Officers
Volunteers to the Civil Air Patrol
Members of the Reserve Officer’s Training Corps
Peace Corps Volunteers
Job Corps Enrollees
Volunteers in Service of America
Members of the National Teacher’s Corps
Some Student Employees
Some Law Enforcement Officers not employed by the United States
And various other people who provide services to the US Government
Federal Work Comp Laws
Federal work comp laws are discussed in a variety of locations. First, the rules that protect federal workers can be found within Chapter 81 of the US Code.
Second, the rules protecting Civil Service employees are found within Title 20, Part 10 in the Code of Federal Regulation. Third, the twist and turns the above rules take and build upon.
As a result, instead of working through the rules and trying to figure out which law applies, please consider reaching out for help.
Old unemployment claims in Minnesota still reveal their ugly head many years after the fact as an overpayment. Here are three ways people are reminded of an old claim:
Another way old unemployment claims get brought up is that moment a couple or family begins the process of buying a home or seeking credit.
I believe the best approach of tackling an overpayment is by knowing one’s rights.
Types of Old Unemployment Claims
In general, there are two types of overpayments specific to unemployment benefits in Minnesota:
An Overpayment because of Misrepresentation, and
Everything Else
The laws pertaining to an overpayment in Minnesota are different based on its classification or type.
Unfortunately, the rules have changed many times in the last few years, which is past experiences may not always be right. As a result, I like the idea of reading and reviewing MN Statute 268.18.
Are Old Overpayments Still Valid?
The unemployment office gets claims wrong. Because everybody has a different story, each issue regarding validity is different too.
I do not always trust the advice people are getting from outside resources. For this reason, I like the idea of doing an audit of available resources and applying the information to Unemployment’s statute of limitations.
After all, asking for help from a 900 pound gorilla can sometimes be disastrous.
Thank you for attending the estate class I presented through Community Education.
As promised, here is a link to Minnesota’s self-proved will statute, which I called out as Minn. Stat. 524.2-504.
Also, here is a link to the Attorney General website that allows you to acquire a copy of their Probate and Planning guide.
Finally, please tell your friends and family about my events and the other great classes being offered under at Bloomington’s Community Education program.
The new MN DEED Commissioner is Steve Grove. For the thousands of people seeking unemployment benefits, forget the name. Instead, remember the title.
Amongst other duties, Minnesota’s “DEED Commissioner” manages the unemployment process. When considering an appeal, knowing the name of the new commissioner is less important than knowing when the job title can have a positive impact on one’s benefits.
I challenge you to do a quick search. Do a word search of Chapter 268 (MN unemployment laws and statutes) and look for the term “commissioner“. As you will see, Minnesota’s unemployment laws references DEED’s commissioner nearly 300 times.
DEED Commissioner is Steve Grove
Even though the new MN DEED Commissioner is Steve Grove, I believe Applicants should focus more on their personal job search process than the political structure managing the process.
Absolutely, appeal strategies change based application, evidence, and employer matters. However, focusing on the decision maker is less significant than the strategy supporting or reversing an ineligibility issue.
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.
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:
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.
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.
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.
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.
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.
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:
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.
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.
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 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 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.
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.
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.
One’s job search and unemployment go hand-in-hand. People who have or are collecting unemployment benefits can reduce risk by doing the following.
Today’s tip is about asking applicants in Minnesota whether they are doing everything they can to protect their benefits from an audit.
This is my 15th unemployment tip in a running series I hope offers value to unemployed workers. Because I am very empathic to unemployed employees conducting their job searches and due to this process having an impact on benefits, I wanted to make 15 suggestions based on feedback from my Clients.
Very likely, you have never seen an outline quite like this, with the intent of reducing a DEED audit. Nonetheless, I hope these help:
Unemployment Tip # 015 –Record keeping should be a priority during a job search. Any person who has requested or received unemployment benefits is vulnerable to an audit. If you don’t have a written record, start by writing down everything you remember. I would rather see an Applicant try to recall a situation versus an auditor making assumptions that are untrue.
In no particular oder, here are my 15 bonus tips:
#15 Twitter and Your Job Search
After getting unemployment benefits, the next step is finding a job. Job searches today are different from this same process some 5-10 years ago. Twitter is a great resource for job opportunities. If you are hesitant with creating a public profile, create a dummy profile with the intent of using it to “find” jobs. When looking, consider hashtags like:
#job
#jobsearch
#careers
#jobs
#jobposts
#Hiring
#14 Visit Small Businesses
In my experience working with “small” businesses, finding employees and workers is unique. As a result, try visiting them in-person and asking if they have opportunities available. Do not be afraid of being dressed for the part you want. Of course, if the answer is no, do not leave empty-handed. Start collecting business cards from anybody and everybody.
**I am told from my unemployed clients that this tactic has produced the best results.
#13 Trick Big Business
As you already have found out, big businesses are different. Their job submission process is different. Sometimes, big companies make applicants answer questions in addition to submitting a resume.
Luckily, you are smart enough in your job search that you see value in creating a bogus profile and working through the submission process with the intent of acquiring their job questions such that you have time to think, write, and submit rock solid answers.
#12 Job Search with Facebook Dark Posts
Is there a company you are trying to get in front of, but are striking out? Think like an advertiser and connect with employees of a business who have hiring power. Next, send them to your LinkedIn account. How? By using a Dark Post. Most folks are skeptical that their job search process will improve by using a dark post. See for yourself how this might help:
#11 Cross Reference Job Posts
Searching for a job through an on-line website makes sense. But, as soon as you nail down a job that you want to seek, consider visiting the job / career link for the company you are interested in.
hen, determine if they have an additional job submission process. Also, try to determine if they’re posting is current or outdated. The punch line: a lot of good information can be found by cross referencing job boards. This in turn will improve your job search process and reduce your unemployment anxiety.
#10 Resume Updates
For some jobs, a resume is not needed. For those who depend on their resume, please keep it updated. If you need help updating your resume, check out a resume writing service like ResumePlant. No, I have no affiliation with them.
Of course, there are many others out there. For a couple hundred dollars, you can turn a year 2005 resume into an updated resume.
#09 College and Vocational Sites
Just because you haven’t been to school in decades doesn’t mean the career counselor or job board at the school you last attended cannot assist with your process. Now is the time to reestablish that connection.
#08 Third-Party Organizations
I dislike job recruiters and temp agencies. I see a ridiculous number of unemployment appeals as a result of temp agencies. If this is a necessity for your job search process, be extremely cautious.
#07 Local Newspaper
Forget the online version. Instead, buy a Sunday paper and check out their job section.
Just because other unemployed folks have suggested the newspaper business is dead doesn’t mean you cannot find something useful in their job section. Also, do not forget the local town newspapers too.
#06 Global Economy
The job market has changed. If you have a skill that is transferable on-line, by all means, do not be afraid of telecommuting.
#05 Don’t Hand Out Your Resume
Handing out resumes at a job fair is old school. You can be better and smarter at your job search process. Handing out a resume should not feel like handing in an assignment in school.
Use your time to acquire business cards and asking questions for the type of jobs “they” need help with. Then, follow-up and tailor your resume to match their needs.
#04 Hand Out Business Cards is a Job Search
Buy hundreds of business cards. Add your contact information. Because privacy is a big deal, limit your business card to your name, phone number and an e-mail address. Next, have this on your purse at all times. Then, hand them out to anybody you know and see.
#03 Volunteer To Improve Your Job Search
For goodness sakes, get out of the house once in a while. Being unemployed is depressing. Helping others tends to lift our spirits. Even if you are limited to a few hours, consider giving more and expecting less. This strategy is very effective in the long-run.
#02 Visit the Elderly
I know this is a strange thing to add to one’s job search process. But, you know somebody who is older than you. I promise, they would rather be young and in your shoes. For me, nothing is more beneficial to my work ethic than knowing I will die someday. Thus, visit the elderly as a reminder that one’s self that they have something others do not: time.
Job Search Tip #01 – Track Your Process
Finally, track your job search activities. In my law practice, the folks who can produce
Executive contracts in Minnesota are completely different from a professional sports contract for one gigantic reason: support from a union.
A lot of times, executives have this idea of free agency, when in reality, the game is slightly different. Thus, here is a birds-eye-view of an executive agreement for employees in Minnesota.
Executives are Employees or Owners
Generally, an executive is either an employee or an owner or both. When tagged as an owner, it boils down to control, ownership rights and percentages. The distinction though is separating oneself from a union like agreement.
Professional athletes have player rights that are like or similar to other players. Executives have individual rights exclusive to themselves. Even though executives do not have the luxury of leaning on a union for a standard agreement, a lot can be gained by negotiating a written contract.
As you already know, executives serving as a high-level employee want maximum value for their expertise and service. Owners are usually seeking equity and control. Executives seeking control are usually doing so as part of their job description versus having equity in a company.
Of course, there are exceptions, which makes the process of negotiating a strong executive contract that much more important.
Executive Contracts and Clauses
Here are a few parts that every executive contract should include:
Terms and Limits
Compensation Clause
Time Off
Benefits (insurance, 401K, etc.)
Exit Strategy
Very likely, prudent executive agreements negotiated with a Minnesota employer will call for much more detail. But, this is a short list to begin the drafting process.
Executive Contracts and Negotiations
As you might expect, negotiation strategies are different for executives currently employed by an employer versus an opportunity with a new or different entity. Sometimes, this means examining a past contract or non-compete agreement.
A lot of high-level managers and executives immediately turn to their compensation clause. But, one has to balance their compensation with long-term impacts like a nonsolicitation clause or non-compete agreement.
The negotiating process for an executive contract is a combination of past experience, current value, and future potential. Whereas a professional contract is usually based on other athletic contracts, an executive agreement can be more creative.
Creativity includes money. Whether an executive in Minnesota seeks a strong salary, stock options, ownership rights, incentives, etc., the idea is negotiating for the future. \
Time Off, Benefits and Other Executive Clauses
Because there is so much effort devoted to the value an executive brings to an organization, sometimes we overlook time off too. For many, the PTO or personal time off calendar will match other employees serving in high roles. But, this issue needs to be clarified with specificity.
Likewise, this is the same standard for health insurance, disability benefits, and related benefit packages.
Employees who gain more than the standard win. Executive contracts that align with our home life are even more appealing.
Employment Agreement Exit Strategies
You are smart enough to know that having a backup plan or an exit strategy to an employment agreement makes top-notch sense. Sometimes, this includes a buyout clause.
Other times, this means seeking help from a mediator or arbitrator.
Either way, having a procedure in place to facilitate a transition (positive or negative) can be more valuable than compensation.
The closing argument for an unemployment appeal hearing is supposed to be a summary of the laws and facts in support of a directed conclusion.
Unfortunately, a lot of applicants appealing benefits believe their closing argument is an opportunity to spit new information. This is false.
Unemployment Tip # 014 – Facts, whether in the form of testimony, documents, or otherwise needs to be shared with the unemployment law judge BEFORE the closing argument. If an ULJ asks an applicant to give a closing argument and the applicant has more to say or offer, people involved in a hearing are encouraged to beg and plead for an opportunity to present more evidence.”
Closing Argument: Begging and Pleading
It is stressful representing oneself pro se, but when doing so, applicants are not literally begging and pleading for an opportunity to offer more information prior to their final statement or argument.
From a practical perspective, it is as easy as asking for another opportunity to give testimony share evidence.
On the other hand, this opportunity comes near the end of a hearing. A lot of people are not able to recognize an opportunity to advocate on their own behalf. Whether this is due to stress, anxiety, or otherwise, the key issue is knowing what to look for as the final bell.
Elements of a Good Closing Argument
In my experience, I believe a good or even exceptional closing statement does the following:
References legal cases to support a decision in the employee’s favor,
Summaries the facts, and
Is crystal clear on the appropriate conclusion.
In case it is not obvious, a closing argument does not need to be memorized. Certainly, having notes and practicing beforehand (like you did in your high school speech class) is a great way to iron out bugs. For those who do not prepare, this can make a good case look bad or a bad case look worse.
Thus, get everything important onto the record before the closing argument takes place.
Completing a Transfer on Death Deed and recording it correctly is not for the faint of hearts.
Of course, there are lots of reasons why a TODD should be avoided. Putting this stress aside, if you need help with this process, you found the right place.
For whatever reason, not enough people are visiting their local recording office. If this is your first visit and your intent is to file a Transfer on Death Deed in Hennepin County, I recommend getting there before the lunch hour and parking near City Hall. Otherwise, traffic and waiting may become overwhelming.
On the other hand, if you decide to visit the facility on your own, do not park in the adjacent east parking lot because the parking fees are ridiculous.
Otherwise, avoid heading downtown entirely by recording documents online or by mail. That aside, the team of people who work at the Recorder’s Office are awesome, very helpful, and extremely knowledgeable.
The star witness for every unemployment appeal hearing is always the applicant seeking benefits. Unfortunately, looking into the mirror can be difficult to handle.
Before giving testimony that is unorganized, consider seeking help weighing the good from the bad.
In the meantime, below are a few tips for an unemployment witness exhibiting the right credentials.
A lot of people pursuing an appeal for unemployment love the idea of playing Matlock. Sorry to burst your bubble, but an unemployment hearing is hardly the place an applicant should be lining up punch lines to win over a jury.
First, there is no jury. Second, the punch line needs to delivered far sooner than minutes before the phone appeal ends.
When selecting the star witness, I like the idea of working to perfect verbal feedback offered as direct testimony. Usually, this is the applicant. After the applicant, there is everybody else.
Witness Duds
Including the employee who fighting for their benefits, a witness can quickly turn into a dud when they:
Fail to understand the goal of a hearing,
Act confuse,
Speak with fear,
Come across as overly confident,
Speculate,
Change tunes, or are
Aggressively adversarial with a Judge.
Luckily, unemployment witnesses can change from dud to star with a little feedback, practice, and more practice.
Witness Scope for an Unemployment Hearing
How far or to what level a star witness should be prepared depends on the scope of the case. Very often, a witness cannot speak to every fact or raised issue. But, speaking to policies and first-hand accounts (even if limited) can be very powerful.
Being Under Oath is a Rule
As you might expect, people giving testimony at an unemployment hearing are under oath. Despite this fact, many witnesses lie when they have an interest in the outcome of the case.
For this reason, I like the idea of taking notes during a hearing when a lie is presented such that a witness or applicant can circle back and offer additional testimony to disprove a lie.
A Half sibling in Minnesota can inherit just as much as your full or whole blooded sibling. Surprising, right? For some, yes. For others, like Prince’s half-siblings, not so much. In Minnesota, we have statute 524.2-107, which says:
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.”
Luckily, you can work around this rule by utilizing a will or trust. When a person dies without a will or trust, the wild wild west of “intestacy” laws kick-in.
Half Sibling Gets No Love
The level of love offered or shared between siblings and relatives makes no difference. Here in MN, half is as good as whole. Of course, the rules in other states, like Florida have a different set of rules.
Really though, where we make our death bed does not matter either. Instead, its where we have our assets that counts. For those with assets in Minnesota, treating half-blood relatives as whole blooded takers can have unintended consequences.
Half Sibling Workarounds
Like I mentioned above, a purposely planned estate an reduce risk. Giving away more than we expected or not as much as we hoped is hardly a plan.
Instead, I like addressing a half-blooded sibling by incorporating the law and expressing my specific wishes. I like this approach because it is difficult to predict when or if the law on half relatives will change.
Even more significant, in the history of Minnesota, the statute on half-blooded siblings has only been addressed twice with half-blooded relatives showing up about very infrequently. In case you are looking for additional resources for assistance, check out these cases:
McDonnall v. Drawz
LamFramboise v. Day
Boeing v. Owsley
Atwater v. Russell
Unfortunately, these case are so old, the only way to track them down is by visiting Minnesota’s law library. Nonetheless, they are worth reading. Nonetheless, an estate plan incorporating a half-sibling calls for exact and specifically expressed intentions.
Did you see the mean obituary floating around on the internet from a Minnesota family?
Until now, I had not seen anything like it. At first, I found the obit amusing because it was so unusual. After 24 hours, I have come to my senses.
Writing a Mean Obituary is Bad Judgment
Writing an obituary is hard. Using an obituary to send an ugly message is bad judgment on many fronts. Here are a few reasons:
The act of dying is a teaching moment. Likewise, caring for our dead is a teaching moment too.
Obituary notices are viewed as a legal notices to the general public. Future generations need a clean slate.
Writing a hurtful obituary breaches the Golden Rule
Wishing another person damnation violates simple Christianity teachings
Bearing a false statement (even in an obit) breaks the 10 Commandments
Should You Criticise the Drafter?
Of course writing a mean obituary is an easy trap to fall into. Usually, these types of notices are written a few days after a person’s death. Death inspires emotion, good and bad. Unfortunately, an unclear mind led to bigger problems.
To prevent this issue, I like the idea of using this example to inspire others to draft their own obituaries. I get it, it sounds morbid. But really, it is an opportunty to reflect and set future goals. If it helps, call it a Legacy Letter.
Either way, it is a sure way to avoid a mean obituary and reduce stress for our family.
Elements of a Happy Obituary
Writing a happy obituary means shooting for a Grimmy Award. For those wishing to take on this exercise, here are a few tips:
Use a youthful picture,
Include a name, maiden nam, and nick name,
Identify a birthday and date of death,
Reference children by their first name,
Limit grandchildren to a number.
Embed a catch phrase used by the deceased,
Express talents and joys,
Describe what the deceased gave to others,
Include a reference to their military service, and
Taking the bar exam as an unemployed law student can be overwhelming when students are just trying to pass their test. In my years, I have spoken with hundreds of law students experiencing this same process.
Generally speaking, everybody has a different approach. Today, I want to share a quick outline of a more effective strategy.
Meet Mr. and Mrs. Bar Exam
First, I like the idea of framing the bar exam as an achievable goal that will help students turn into future lawyers. In other words, if passing the state law exam is my goal, I immediately create a wall, which will hurt if I run into it at full speed. If the only reason to retain information is to dump it onto an exam, that student and exam taker will lose.
Instead, I like the idea of framing the bar exam as an opportunity to prepare myself for future clients. The bar exam is no longer a thing, it is a person. As a result, allow me to introduce you to Mr. and Mrs. Bar Exam. They have children. They have a business. They owe taxes. They have a complex living arrangement. They fell on the ice. They are the victims of a crime. They entered into an unconscionable contract. And, they need your help.
If you study each law exam topic as if you will need it to advise future clients, then every detail matters and my hope for you is that you will retain every detail. The Bar Exam family need you, right now, to exhibit 100% effort so their legal issue can get resolved.
Bar Exam and Your Calendar
Second, the idea of circling the bar exam test dates on a calendar is an absolute joke. Serving Mr. and Mrs. Bar Exam is a process that requires methodical planning. The end date isn’t as important as the process of retaining information and serving the issues that get asked.
Own the present.
Historical Records Help You Serve Mr. and Mrs. Bar Exam
This next point is going to blow your mind. You live in an apartment down the road from your school, right? Do you recall the first time your toilet plugged and you were fearful of toilet water hitting the floor? For a brief second, that was scary, right?
Well, the second time it happened it wasn’t as scary because you quickly realized how to overcome the issue, after all, it wasn’t your fault the landlord hadn’t replaced your apartment’s toilet parts in over 15 years. In other words, your past experience helped you address a same or similar problem.
Practicing law is problem-solving. Past legal problems help lawyers serve present legal problems. There are many ways to gain experience. Two effective way include:
Time, and
Reading.
Luckily, you have time to read. I encourage all law students preparing themselves for a bar exam to read and work through practice problems. I like the idea of using practice multiple choice questions because a student can cover a lot of ground in a short period of time. One source of exam questions can come from here.
Thus, the more you practice problems you work through, the better prepared you will be when Mr. and Mrs. Bar Exam ask for your help.
Unemployed Law Student Taking the Bar Exam
Of course, all of this is only worth your time and effort if you pass the exam. Being unemployed is scary. Being unemployed and failing the Exam is even scarier. For me, the fear of failing was just as compelling as the strategy I addressed above.
If that doesn’t work, then perhaps the Chinese Bamboo Tree is your saving grace. Either way, I believe you are going to be successful at serving Mr. and Mrs. Bar Exam.
If during this process you are audited by an employment agency or are offered a non-compete contract, please reach out. In the meantime, keep working hard.
The news about the unemployment rate shouldn’t impact an appeal, but it does. In case you missed it, supposedly the unemployment rate dropped to another low rate, like it had in other years. For many of my Clients, this does nothing to help with an appeal. In fact, it can make matters worse.
Each year seams to create different application question or other issues of significance. This is usually based on cases heard by Minnesota’s Court of Appeals. As a result, every applicant should be on guard for trick questions that ultimately impact their eligibility for unemployment benefits.
Below, I will address these tricks and the pink elephant.
Impacts On Unemployment Appeals
No, the unemployment rate does not impact DEED or unemployment law judges on how they should decide a claim. Instead, it is a term of art.
The term “unemployed” is an economic principle that means a person wants a job, but they do not have a job. People who do not want a job are not considered unemployed.
When the rate of unemployed workers gets to high, our government (Minnesota and Federal) have the opportunity to extend benefits. We saw this in 2007, 2008, and again during the Covid Pandemic.
In other words, instead of getting unemployment for 26 weeks, people can sometimes receive benefits for 52 weeks (or more). When this happens, it can cause lots of audits, appeals, and overpayment issues.
Unemployment Rate Stress
The unemployment rate cannot impact whether you apply for a job. Instead, the rate of our unemployed tells us more about wage negotiations. This is true for both a high unemployment rate versus a low rate.
In other words, refrain from allowing your job search process to be impacted by UI stats expressed in the news. For those that allow this to seep into their process, this can be detrimental and raise eligibility and job search issues.
Yes, being unemployed stinks. But, a new job or a job to help us land a more ideal job is right around the corner. This means that we sometimes need to seek out a job versus a new career. The new career can come later.
Unemployment Trickery
Let’s address the pink elephant in the unemployment office. Every time an Applicant communicates with a representative at the unemployment office (phone person, work force center, judge, etc.), they risk their benefits. Why would this be?
Minnesota has a long list of eligibility conditions. These conditions are tricky. Many of these conditions are found at Minnesota rule 268.085. Others are found elsewhere.
For example, imagine talking with the unemployment office and being asked about a job search, which eventually leads to “how many jobs have you applied for?”
Before applicants answer questions embedded or hidden, view all communications as an extension of your application, I like the idea of b
Problems with estates vary from garden variety to huge conflicts. Even for a perfectly planned estate, a problem can arise. In my experience, an estate plan generally fails because of poor communication or capacity.
Luckily, proactive families have an opportunity to reduce conflict. Consider this.
Problems with Estates: First Truth
The first truth is as follows. Problems and risks can rarely be reduced to zero.
When I think about an estate, I like the idea of finding people I trust to manage my affairs when I am in need.
Whether this includes family members or paid professionals, I want to make this easy for my family.
Second Truth of an Estate
Money and children can be a common stress, but people are the real problem. Lying, cheating, and stealing are bad. Greed, envy and pride are equally bad.
I believe the strongest response to an irrational family member or friend or whomever is having a plan that was created as a plan of mercy.
Of course, this isn’t always possible, but it certainly helps. Even more significant, problems with estates can be reduced with fancy legal clauses like eliminating a person from a plan if they decide to pursue a claim in bad faith or attaching attorney fees. Perhaps punitive on their face, but effective.
Third Truth and Types of Issues
When I meet with a person or family, I like the idea of understanding the goal of seeking help or advisement from an attorney.
During the course of the estate planning process, here are a few problems most folks want to avoid:
Brain injuries are scary for a lot of reasons, but this week especially. Like you, I lost control of my emotions after I read a news article today about a newborn hit in the head by a softball.
Yesterday, I read about a soccer icon in his seventies who suffered a brain hemorrhage. A week before that, I read bout a professional baseball player in his thirties who suffered a brain injury so severe, he was called a walking miracle.
As I reflect on these events, all I can think about is the impact a brain issue might have on my family too.
Even though it is my job to help people plan for the unexpected, these stories still hit home. Whether these were random events or purposely presented by a higher power, it is a reminder how vulnerable we really are.
The process of seeking and appealing for benefits is stressful. Applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them.
Far too many applicants forget they have rights. Applicants needing help with stress or other mental health matters should consider seeking advisement.
For applicants trying to acquire medical documentation of anxiety, depression, or other impairments, re-scheduling a hearing can be a great option.
Applicants have rights regarding when and how their hearing will be scheduled. As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.
Unemployment Tip # 013 – I believe applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them. Far to many applicants forget they are allowed one opportunity to reschedule a phone call with a judge (assuming specific rules are followed). If meeting with a judge interferes with a family conflict, try to reschedule. If you work best after the lunch hour, reschedule. As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.”
Unemployment Stress
Other times, stress is far more significant than finding a different court date and time.
The financial burden of getting denied unemployment benefits can be revived by having a plan. Even better, an Applicant will have a game plan and a back-up plan.
Generally, a game plan is their legal strategy of acquiring benefits. After all, a boss and employer are unique to the Applicant. Verbalizing the storyline that led to a discharge requires careful planning.
Usually, a storyline starts with the date of a discharge and works backwards. Sometimes, this comes as a surprise because people like the idea of starting from the beginning, as if their first day of work and why they were hired.
Starting from the beginning when talking with a unemployment law judge generally makes the conference more stressful than it needs to be. Thus, reduce unemployment stress by creating a game plan designed to show why and how one is eligible for benefits.
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.
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:
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 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:
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.
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.
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,
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.
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.
Researching Unemployment Legal Issues
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 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,
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.
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 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
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:
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.
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:
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.
MLK day is difficult for unemployed workers. Figuring out how to manage benefits on this day is equally difficult. Thus, here are a few quick points on Minnesota benefits:
Yes, applicants should be able to request benefits online; and
Contacting DEED’s customer service department will be impossible.
Unemployment on MLK Day: Online Account
Yes, applicants should be able to request benefits online. As you know, applicants are limited to strange time limits. I do not have an answer for you on why DEED’s account system is available on Sundays and not Saturdays.
That said, take their application questions seriously.
Unemployment Support by Phone
No, applicants wishing to connect with an unemployment representative by phone will not be able to talk with somebody until Tuesday. Because Minnesota DEED makes mistakes, consider using this time researching and exploring matters on your own behalf.
Appealing Unemployment on MLK Day
Folks looking to appeal unemployment benefits are encouraged to approach any holiday with critical care. Holidays impact unemployment deadlines. And, deadlines can be very unforgiving.
On the other hand, sending an appeal by fax might be a strong alternative. The best rule when confronting an unemployment deadline is verify, track, and perfect the appeal under multiple forms (fax, online, mail, etc.).
Unemployment on MLK Day: What To Do?
Use the day to your advantage. First, celebrate the holiday. Second, continue planning your job search. Third, use the day to research matters related to your claim.
Even though unemployment on MLK Day causes confusion, the goal of seeking work or being available for work is still relevant.
What is your unemployment Base Period in MN and what does it mean?
An Unemployment Base Period is used to calculate how much in benefits a person will receive on a weekly basis.
Basically, DEED (the unemployment office in Minnesota) reviews the last four completed calendar quarters of wages. The more money a person made in the last 4 quarters, the more in benefits a person will be eligible for.
Because the statute is so darn complicated, DEED gets these types of calculations wrong. Also, employers fail at reporting wages and indirectly cause problems for applicants seeking benefits.
Thus, appealing an unemployment base period error can be worth it.
Unemployment Base Period: Pinpoint Reasons
In my practice, I see employees focus way to much time on their base period when instead, they should focus on their appeal for eligibility.
Other times, I see people overwhelmed with appeal issues and completely forget about the wages impacting their benefits.
So you know, an Unemployment Base Period in MN can change for a number of reasons. Some of the most common reasons include commission schedules, injuries, and leaves of absences.
Calculate Your Base Period
In Minnesota, here is the most common method for determining a base period.
If you become unemployed between February 1 and March 31, the Unemployment Base Period is January 1 through December 31
(of the previous year).
If you become unemployed between May 1 and June 30, the base period is April 1 through March 31.
If you become unemployed between August 1 and September 30, the Unemployment Base Period in MN is July 1 through June 30.
If you become unemployed between November 1 and December 31, the Unemployment Base Period in MN is October 1 through September 30.
UI Base Period Final Thoughts
As you can see, this issue is extremely tricky and bares certain risks that may inadvertently initiate an audit or instigate an appeal.
Again, check out Minnesota statute 268.035 and be very prudent with the exchange of paperwork or evidence, because DEED and employers make mistakes.
Unsuitable job offers can hurt unemployed workers in Minnesota. Money, salary, and wages make a job offer prone to an audit.
When employers and temp agencies hide the details of an offer, this makes reviewing suitable offers versus the unemployment rule, job seekers get stuck.
If you have ever watched Wall Street pundits or hung around a pig farmer, you likely have heard the phrase pigs get fed, hogs get slaughtered.
Applying this saying to an unemployed worker, it might appear they should jump at the first job offer. But, what if the job offer is ridiculously low?
Well, a lot of folks end up seeking advisement on rule 268.085, subdivision 13c, which is actually quite long. Basically, it says a worker is ineligible for benefits if they reject a reasonable “suitable employment” offer for work.
As you can probably guess, what is suitable or reasonable for some, might not be suitable or reasonable for others. In no particular order, here are a few factors to consider:
Again, this is a very subjective list and it will be different for nearly everybody.
Job Offers: Hogs Get Slaughtered
Absolutely I believe the process of being unemployed can turn into an even better opportunity for executives, managers, union workers, hourly workers, part-time workers, and everybody in-between.
But, hogs have a tendency of getting slaughtered, when waiting for pie-in-the-sky job offers.
For some, the risks and penalties identified by case law and Minnesota unemployment statute 268.085 outweigh the rewards.
Again, this is a case by case situation because it requires a deep understanding of unemployment misrepresentation versus a business risk.
Job Offers: Appeal Issues
From my perspective, I want to help folks remain eligible. Being ineligible or taxed with an overpayment makes being unemployed even more difficult than it already is.
Here are a few more issues every applicant should be prepared for:
Engaging the reason(s) for becoming unemployed.
In my profession, I see small problems turn into big problems because people respond horribly to questionnaires and judges. Thus, please be prudent and versus rolling the dice.
Unemployment misrepresentation is the new unemployment fraud. If you are new to either of these phrases, let me explain.
Prior to the year 2017, the unemployment office made a distinction between fraud and non fraud overpayments. As of the date of this post, the unemployment office (or DEED) is now using the phrase “misrepresentation” to impose scare tactics and crazy monetary penalties.
Luckily, people are seeking help to identify how they should proceed with an overpayment, audit, or accused of unemployment misrepresentation.
New Law for Unemployment Misrepresentation
Really, the law is edited versus new. Minnesota’s unemployment office has been using the rules to attach ridiculous penalties for a long time. Here is what Minnesota statute 268.18 says right now:
An applicant has committed misrepresentation if the applicant is overpaid unemployment benefits by making a false statement or representation without a good faith belief as to the correctness of the statement or representation
In my experience, I found the 2016 law more advantageous for Applicants. Really, the issue for the majority of people impacted by this law will be figuring out when a decision (whether from DEED or an unemployment law judge) became final.
For some, the old rule still applies. For many others, the new law will be more impactful. Thus, it is worth the effort to have a case reviewed.
Unemployment Misrepresentation Penalties
For those who have dealt with unemployment misrepresentation or fraud before, one can quickly see that Minnesota still charges a 40% penalty. In other words, if DEED claims a person was overpaid $100 dollars in benefits, they will be charged $140 dollars.
To make matters even worse, Applicants are at risk of criminal penalties, administrative penalties, additional interest, and levies.
I agree their 40% penalty is unfair and it might even breach usury laws outlined in the Christian Bible. But, focusing one’s time on finding a way to remove the misrepresentation claim is going to be more productive.
Where Do Most Misrepresentation Cases Start?
There isn’t one specific area. But, a lot of unemployment misrepresentation claims start from an audit or overpayment case. Usually, these types of issues being with a questionnaire.
Unfortunately, everybody is at risk of being audited. Here are a few popular issues:
When an applicant or worker is unprepared, the State of Minnesota has the upper hand. Luckily, if an Applicant understands what they are trying to accomplish, I believe a lot of people can turn a bad outcome into a good outcome.
For those willing to take the time, literally, every detail needs to be explored. This means scrutinizing why a job ended, the application for benefits process, and each week of benefits sought.
For those needing help, please contact me directly.
Applicants who fear the MN Unemployment Appeal process are usually scared for three reasons:
They have never done this before,
Afraid of getting in trouble, or
Making ends meet.
Even if all three apply to your specific situation, I believe taking this process in steps is the best process. For the jobless, a phone call could happen any minute. For people who are scared, let us start from the beginning. And, for those experiencing an economic hardship, stay positive.
That aside, unemployment benefits in Minnesota is a maze. You have enough experience to know that most mazes can be solved by starting at the end and working backward. Thus, lets quickly review five potential ends and see where it takes us.
MN Unemployment Appeal – Level 0: Application
The first level is the application process. Everybody starts here. Unfortunately, a lot of people can mess this up before their claim gets going.
Also, I believe it is a bad idea to ask the unemployment office for help. I know they mean well, but it isn’t an accident that their mistakes turn into my cases.
Because all benefits start with an application, I call this Level 0.
MN Unemployment Appeal – Level I: Phone Appeal
When an application gets denied or an employer claims benefits should not be awarded, a Level 1 appeal is the second step. Upon appealing a denied application, a meeting is set up such that people can talk to an unemployment law judge.
Even though this type of appeal is conducted by phone, do not let this fool you. The Level I Phone Appeal is the most critical level because it impacts every level going forward.
Why is this true? Well, the more levels you work through, the more difficult it becomes for people to use evidence or testimony to your advantage. Also, if you do not raise a specific legal issue during the Level I process, it will become increasingly difficult to raise an issue down the road.
For example, say a person is confused whether or not they should state whether they were fired from a job or quit. Well, this is an issue that needs to be thought through so you can identify your offensive and defensive strategy. If done incorrectly, an applicant might jeopardize their whole case.
MN Unemployment Appeal – Level II: Request for Reconsideration
The losing party (applicant or employer) from a Phone Appeal can appeal their case a second time.
The second type of MN Unemployment Appeal is called a Request for Reconsideration.
A Level II appeal is different from a Level I appeal in the sense that it is mostly paperwork. An MN Unemployment Appeal under Level I involves testimony. However, a Level II appeal is limited to written communication between you and the assigned unemployment law judge. For this reason, a Level II appeal is paperwork.
MN Unemployment Appeal – Level III: Minnesota Court of Appeals
The third type of MN Unemployment Appeal is an appeal to the Minnesota Court of Appeals. This type of appeal is not as expensive as you might think.
Instead, it is the time that it takes for this element of the process to finish which is most surprising.
An Employer or business is required to be represented by an attorney when heard by this Court. On the other hand, an Applicant can represent themselves Pro Se.
The fourth type of MN Unemployment Appeal is an appeal to the Minnesota Supreme Court. Generally, very few cases make it to this level. Because this law office has sought relief for unemployment claims by way of the Minnesota Supreme Court, this level should be approached with even more care than those expressed above.
The difference between a Level III appeal and a Level IV appeal is the fact the Minnesota Supreme Court charges a court fee. Unlike Level III, an attorney is required when seeking an MN Unemployment Appeal before the Minnesota Supreme Court.
Where to go for help with an MN Unemployment Appeal?
Regardless which level you need help with, remember the rules governing the MN unemployment appeal process are different depending on whether you are the Applicant or the Employer.
Advent is a special season for many Christian families.
As you prepare for your celebration, here are four (4) quick tips you can apply to your estate plan.
If you find these tips to be helpful during this holiday season, please share with your congregation.
Advent Tip #4: Connect the Past with the Present
Certainly, gathering for a celebration like Christmas is a fun event. Your family’s legacy requires passing your knowledge and symbols onto the next generation. For some, this includes pictures. For others, this includes scrapbooks, heirlooms, and collections.
Thus, connect past advent seasons with the present by adding a special ornament to your Christmas tree.
Advent Tip #3: Recipes Are Underutilized
A lot of people cannot wait to ask me how to pass their mother’s wedding ring onto the next generation when Grandma’s famous pie crust made more people smile.
I agree, passing along jewelry is important. But, it isn’t everything. In my experience, tasting an old family recipe can have a greater impact on the family as a whole.
Thus, during this holiday season, I challenge you to track down an old family recipe and add it to your estate plan.
Advent Tip #2: Share With Others
Giving our time can mean more than making a gift of cash. Of course, you already know this, but when we are gone, time no longer matters.
Personally, I think sharing a percentage of our estate with a charitable group is far more advantageous than identifying a specific gift or dollar amount. Here are a few other charitable examples. Otherwise, every situation and person is different.
Thus, if you are accustomed to sharing with others, then perhaps now is a good time to add a sharing clause limited to a specific percentage to an estate plan.
Advent Tip #1: Take Care of Yourself
Christmas is a wonderful time to give. But, advent is a season of preparation too. As you prepare, consider locking down a plan for yourself too.
Thus, if you need help with your plan, please contact me directly.
Getting back pay while unemployed seems like a great thing, right? In Minnesota, paid back can have unintended negative consequences, specifically, as it relates to unemployment benefits.
Unfortunately, applicants can inadvertently agree or trigger “back pay” ramifications described under Minnesota statute 268.035.
If your job ended and you get a check, start asking questions. Never cash the check until you understand all of the ramifications.
This term is used in dozens of other unemployment laws too. For example, the laws for wages and delayed payments under statute 268.085.
As you can see, what is or is not backpay can become extremely confusing.
Unemployment Tip # 009 –Even if a worker or employee is no longer receiving unemployment benefits, the receipt of back pay can result in an appeal, audit or an overpayment“
What Do you Call the Payment?
What to call money received after a job ends is confusing. The storyline why or how money is granted is going to be unique to that specific person.
The harm in calling money “back pay” is the impact it will have on past and future unemployment benefits. Applicants who cash a check without considering the terms can get burned.
For example, the terms attached to a settlement agreements, worker compensation payout, or gift can be revised, such that the documents do not trigger future problems. This means taking the negotiation process seriously.
You Need the Money Really Bad
Every worker should be thrilled with the opportunity of acquiring additional money from their former employer. That isn’t the issue. Instead, the issue is what to call the money received.
When an employer or Minnesota DEED call the money back pay, problems can ensue. In other words, preventing an overpayment or arguing why the receipt of money didn’t trigger back pay laws is worth exploring.
A Veteran’s spouse is one of the most important people to have by their side. This is especially true when a veteran enters a nursing home.
When the price is right, a veteran seeking a new residence at a nursing home exclusive to veterans usually want their spouse to live with them too.
Other times, the non-veteran spouse needs assistance before the veteran. Either way, there are eligibility rules for a Veteran’s Home under Chapter 198 and Minnesota Rules under Chapter 9050.
Veteran’s Spouse Eligibility
Generally speaking, here are the eligibility rules for a veteran’s spouse. A veteran’s spouse is eligible for care through a veteran’s home when all of the following are true:
The military veteran must have been a resident of Minnesota BEFORE an application into a veteran’s home is sought,
The spouse is 55 years of age or older and a resident of Minnesota,
The veteran’s spouse is without adequate means of support, and
The spouse is unable to properly maintain for themselves.
In my experience, a spouse and their family can do a lot of pre-planning to support this process. Thus, if you or your family need specific feedback or assistance, please contact me directly
Dying with no will makes sense for some, but does it really? Recently, I met with a person who didn’t want a will because they couldn’t identify who should receive their stuff. This particular person was unmarried and had no children.
As much as I dislike the government telling me how to divide up my property, Minnesota has an estate distribution law when a person dies with no will. The law that may apply in a situation like this Minnesota statute 524.2-103. In my practice, I call this the “I cannot make up my mind” law.
Yes, it is perfectly reasonable to have doubt or change one’s mind. Other times, people lean on charity or grant their affairs to a specific organization. If it helps, take a look at what a good-hearted individual did in Afton.
Anyways, there is no right or wrong answer. On the other hand, having an answer is better than having Minnesota apply the “I cannot make up my mind” law.
Did you hear about the new LLC laws going into effect in Minnesota?
Veterans who own a business or have a share in a company that has a Minnesota tie should take note because the statute changes are significant for a biz that has more than one owner or officer.
Also, Minnesota’s LLC rules and statutes are changing as of January 1, 2018. Thus, this might become or develop into a significant issue for business owners.
New LLC Laws: Step 1
In this process, let me keep the first step simple. Where can you find the laws that apply to a Limited Liability Corporation? Thus, here you go:
Simple, right? In other words, the rules that help us determine what to do and how to do it are as easy as reading the laws and applying them to our business.
New LLC Laws: Step 2
The second step for Veterans to determine whether the statute changes impact their business is to review when their business started before or after the year 2015. For the military vets who do not remember, consider using this website to acquire filings and reports.
What To-Do with Minnesota’s Rule Changes?
Luckily, most veterans have their organizational docs organized and easily accessible. For example, documents like:
Articles of Incorporation,
Articles of Organization,
Annual Renewals,
Changes to a Registered Agent or Office,
Member Control Agreement,
Meeting Minutes,
Tax Identification Numbers,
Accounting Records, and or
Certain Amendments
On the other hand, if a business owned by Minnesota Veterans have their org docs scattered amongst other documents, then getting organized becomes an immediate priority because Minnesota’s LLC laws are changing effective January 1, 2018.
Do You Need an Attorney?
For some businesses, yes. For others, no. This really isn’t about lawyering up. This has more to do with control over compliance issues and keeping the peace amongst owners or and the company’s affairs.
But, any Veteran willing to educate themselves on the new LLC statutes in Minnesota, I believe the outline shared by our Secretary of State (also called OSS) is an excellent resource. Thus, check it out here.
Unemployment overpayments in Minnesota are no joke. In the year 2016, Minnesota had a huge problem with overpayments to the tune of $79 million dollars. In 2025, this problem jumped to over $300 million dollars.
For those confronted by an overpayment appeal, time is of the essence. If you are in need of feedback, please consider this brief outline of the unemployment appeal process.
![For People Scared of a MN Unemployment Appeal [Updated]](https://iajlaw.com/wp-content/uploads/2017/12/MN-Unemployment-Appeal.webp)
