Should you appeal unemployment? Except for applicants with a professional license and or those accused of unemployment misrepresentation, this is usually an easy question.
If you need help addressing an appeal for unemployment benefits, you found the right place.
When this law office works with a person deciding whether they should appeal an unemployment claim, here is what I ask:
What is the worst thing that might occur?
Is there a government agency with a vested interest in the claim for benefits?
Is there a risk for getting one’s license suspended or terminated?
Is there a concern with being asked questions under oath?
Does a future job look hopeful?
Again, the answers to these types of questions are going to be specific and personal to the person seeking benefits.
Being Under Oath
Being under oath at an unemployment hearing carries significant legal and personal risks. When testify or offering evidence, all of the above questions come into play.
Any false statement, even if made unintentionally or out of confusion, can lead to serious consequences, including charges of perjury.
Unemployment law judges (ULJs) take sworn testimony seriously, and inconsistencies or misleading statements can undermine your credibility, potentially damaging the appeal and or other legal matters.
Unlike casual conversations or informal interviews, words during a hearing become part of the official record. They can be used as evidence not only in that proceeding but also in subsequent matters.
If you’re unprepared, nervous, or unaware of the specific legal issues at stake, you might say something that is interpreted unfavorably. Because of these risks, it’s crucial to prepare carefully.
Thus, work with your attorney, understand the facts of your case, and rehearse answering questions clearly and truthfully.
If an employer lied at an unemployment hearing, immediately obtain copies of the audio from the hearing. If possible, organize evidence showing the lie. Of course, this isn’t always possible.
Then, outline the issue within more formal process called a request for reconsideration.
Unfortunately, most applicants are hardly prepared. Even worse, when the lie occurs, the employee or applicant freeze up. This isn’t helpful either. So, a strategy needs to be developed before a hearing takes place.
Employer Lied Before the Hearing
Addressing pre-hearing issues is another story. Attacking a lie is different than presenting the truth using other testimony.
Nonetheless, consider acquiring copies of a personnel file before the phone hearing takes place. Other times, applicants can seek support from a witness and or make legal objectives.
Other times, the applicant might welcome the lie because it gives the former employee an opportunity to show credibility.
Unfortunately, taking time to weigh facts and propose the strongest strategy is out of scope for a short post like this.
Employer Lied During the Hearing
When an employer’s witness lies during the hearing, this is where a claimant sometimes locks up. First, the lie is sometimes surprising to hear.
Other times, the statement doesn’t sit right and causes panic. Or, the applicant begins to look through exhibits, while missing critical testimony needing a response.
Although there isn’t a perfect answer, there is an answer. Point to evidence and make objections. Otherwise, a better answer is the process of offering additional testimony or cross examining the employer.
Unemployment Lies After the Hearing
When an employer lied at an unemployment hearing and their statement is used in the decision, what really matters then is drafting a well constructed appeal. An appeal after a phone hearing is called a request for reconsideration.
Administrative Penalties if an Employer Lied at an Unemployment Hearing
Now, lets examine penalties. When an employer lies an an unemployment hearing, admin penalties are supported by rule 268.184.
Admin unemployment penalties are the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.
Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.
Penalties under this rule could be even more significant. According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.
Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.
Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500. If the underpayment is more than $500, then that person is guilty of a felony.
An unemployment audit in Minnesota is really any question asked by the unemployment office. Unfortunately, every question can introduce other problems and traps.
Because questions from auditors and Minnesota DEED may turn into a bigger legal matter or appeal, take their audit review process seriously.
An unemployment audit is initiated through the Minnesota Department of Employment and Economic Development (“DEED”). For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.
Biggest risk from an Unemployment Audit in Minnesota?
The biggest risks of an audit includes monetary penalties, being accused of misrepresentation or a crime, and kickstarting an audit from another government agency.
Adding allergies to your health care directive can save your life. Do you recall adding allergies to your directive? Can you even find the section for allergies?
Covering scenarios like allergic reactions, life support, resuscitation, and organ donation on your directive helps your agent communicate with your doctor(s).
If you are unsure or need help addressing allergies, take the time to find out, find out fast.
Health Care Directives in General
Health care directives are crucial documents that outline your medical wishes in case you become unable to communicate them yourself. They provide guidance to medical professionals and loved ones regarding treatments you do or do not want.
By creating one, you retain control over your medical care, even in challenging circumstances, offering peace of mind to both you and your family.
What Is an Allergy?
Of course, you already know your own allergies, but in case you do not. An allergy is an exaggerated immune system response to a harmless substance, known as an allergen.
Symptoms range from death to mild or severe. Mild and severe allergic reactions can include sneezing, itching, hives, swelling, and in severe cases, anaphylaxis, and loss of bodily function.
Allergies can affect various parts of the body and are commonly triggered by pollen, food, medications, or insect stings.
Which Allergies On a Health Care Directive Should You List?
All allergies, big and small, should be listed on your health care directive. This includes:
The reason I use red ink to identify allergies is obvious: I want everybody and anybody caring for my health to know about my allergies.
Look, lets not make this hard. When times get difficult, everybody must know about your allergy.
Using red ink to make a point on paper can enhance visibility and draw attention due to its strong contrast against most backgrounds. Additionally, red is often associated with importance, urgency, or emphasis, making it an effective choice for highlighting key information or critical details in documents or presentations.
Thus, print allergies on a health care directive in red ink.
No Known Allergies?
Knowing that you do not have any known allergies is just as important as declaring your allergies.
Expressing your feedback to an EMT through a Health Care Directive is crucial for safe and effective medical care. Allergies can influence treatment decisions, medication prescriptions, and potential adverse reactions.
Providing accurate information ensures your doctor can tailor treatment plans to your specific needs, minimizing risks and optimizing health outcomes.
In other words, if there are no known allergies, then the section devoted to allergies should be clearly state “no known allergies”. Also, do not get fancy by using an acronym. Health care professionals do not have time to decode your health care directive when a medical emergency takes place.
Healthcare Directive Doesn’t Have Room for Allergies
If it doesn’t have a section, make a section. Running out of room is a horrible excuse for declaring specific issues regarding our health. As a result, I am not going to entertain this any further.
Allergies on a Health Care Directive: Wear a Bracelet
If you wear a bracelet or another document that contradicts your health care directive, then more problems can develop.
Wearing a bracelet declaring your allergy is a proactive safety measure.
In emergencies, it alerts medical professionals and bystanders to your condition, ensuring appropriate treatment and potentially preventing serious reactions. It serves as a constant reminder to take precautions and empowers you to navigate daily life with confidence and peace of mind.
Should You Update Your Health Care Directive?
Regularly updating your health care directive is vital as your health evolves. Changes in medical conditions, treatments, or personal preferences may render previous directives obsolete or inadequate.
By ensuring your directive reflects your current wishes, you maintain control over your medical care, preventing misunderstandings or unwanted interventions.
This proactive approach empowers you to align your end-of-life preferences with your values and circumstances, easing decision-making for loved ones during challenging times.
Regular updates also foster open communication with healthcare providers, facilitating a collaborative approach to care that respects your autonomy and ensures your wishes are honored effectively.
Best Time to Add Allergies to your Health Care Directive
The best time to get a health care directive and add information about your allergies is now. Regardless of age or health status. Unexpected medical emergencies can arise at any moment, making it crucial to have your wishes documented in advance.
By creating a directive early, you ensure that your preferences are known and respected, providing peace of mind for both you and your loved ones.
Procrastination can lead to missed opportunities and added stress during critical moments. Taking proactive steps to plan for your future healthcare empowers you to maintain control over your medical decisions and ensures that your wishes are honored, whatever the circumstance.
An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.
Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.
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).
Before Filing A Reconsideration for Unemployment
In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.
Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.
Then, you can scrub the audio for legal and procedural errors.
What Does a Request for Reconsideration Look Like?
Both the Applicant and Employer can file a request for reconsideration. 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.
New Evidence for an Unemployment Reconsideration
Yes, every Applicant should consider whether the new evidence might change or help influence the Judge. As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:
(1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and
(2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.
New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed.
New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.
When Should an Unemployment Reconsideration be filed?
Time is not on your side. Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.
Ideally, consider seeking help before you file such that you do not waive certain rights.
Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.
Noncovered employment is a fancy unemployment term used to deny claims for benefits. In Minnesota, auditors and employers use this term to claim a person with a certain job is automatically denied benefits.
This type of denial should be appealed. But, most employers will try and fight this type of claim because loosing means that their taxes will go up.
As a result, applicants or workers must be cautious before offer evidence, just in case it inadvertently supports a noncovered classification versus covered employment.
Minnesota has a simple rule: anybody who tries to collect unemployment benefits in Minnesota after having a job classified as “noncovered employment” looses. The opposite of this is a classification called covered employment.
When I meet with people who are working through this type of matter, they are often unfamiliar with the various Minnesota laws that make a distinction. For this reason, study Minnesota statute 268.035. As you will see, Minnesota unemployment laws are dependent on worker classifications.
Noncovered Employment Legal Strategies
Your job classification cannot be dependent on an unemployment law. Instead, you can help yourself by defining your job duties and responsibilities. This is important for every worker defending their job status.
Unfortunately, applicants appealing cases like this unfamiliar with the types of acts that are most relevant. This is due to the failure of knowing the job duties that impact the claim.
Acquiring benefits is critical to the process of reducing stress so a person can focus on their job search. Fighting an evil HR person about noncovered employment is a matter that you must take on with supporting evidence.
Evidence for a Noncovered Job
When I strategies with a Client, I like to help them pinpoint the following:
Job duties;
Past job postings supporting job duties;
Comparing job classifications to other internal workers;
Asking auditors for feedback on other classified workers;
Organization charts;
Handbooks; and
Determining which Job Level was the decision maker.
Of course, every job and employer is different. Disproving negative evidence is the key.
Applicants who are successful with an appeal may reverse an overpayment. Other applicants consider different strategies.
However, success is very dependent on how an individual responds to a request for information expressed by DEED.
Are Unemployment Overpayments Serious?
You already know the seriousness of an overpayment because of the dollar value. Yes, an overpayment is serious, but reversable.
Since COVID, this law office is seeing overpayments as high as $90,000 after penalties, fines, and accusations of misrepresentation.
Process for Overpaid Benefits?
As you can see under rule 268.105, an Applicant can appeal an overpayment.
Generally, an appeal related to an unemployment claim follows the same procedures and steps as that required during other levels of the unemployment appeal process.
Are Unemployment Overpayments Legal?
Minnesota and the unemployment office can audit benefit accounts years from ever date of payment.
In other words, the Minnesota unemployment office has rights that support their ability to audit your account.
Overpayments and Misrepresentation
Sometimes, an overpayment for benefits can be attached to misrepresentation. In other words, instead of one active case, a person may have two or more case types.
One of many reasons misrepresentation or fraud impacts an overpayment is in repayment strategies and laws.
What Should You Do About an Unemployment Overpayment?
These types of benefit cases really cause a lot of stress and their impact can be far reaching. And, matters of this kind can date back months, years, and even decades.
Whether pre-covid or post covid, consider seeking help, such that you do not inadvertently make the situation more damaging.
Being denied unemployment benefits in Minnesota means being ineligible for benefits. Usually, a person will find out about a denial by viewing their account online or by mail.
Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.
Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.
Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.
Wording Your Response to a Denial for Benefits
Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.
Whether you intend to submit evidence or introduce a witness;
Whether you are going to have an unemployment lawyer; and
Do you need an interpreter.
Employer Denied Unemployment
In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.
Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.
How long does a trust last depends whether the trust document grants a trustee to remove property or assets upon defined triggering events. Otherwise, the rule against perpetuities may decide for you.
As simple as this issue might appear, when or if a trust will end depends on a number of factors. This includes:
Type of Trust Created
Capacity of the Grantor
Assets Involved
Terms of the Trust
State Law of the Grantor
Residency of the Beneficiary/Trustee
Type of Trust Created
The first element in reviewing trust duration is identifying the type of trust created. For example, A testamentary trust is going to be subject to ongoing court supervision, creating less flexibility.
For those unfamiliar with a testamentary trust, this type of arrangement is created at death using a will. Because these types of documents are highly scrutinized, they have become increasingly unpopular through the years.
Compare this to an inter vivos trust, which allows for a Grantor to be more creative in their timing of asset distribution. When you put the power in the hands of the person or couple creating the trust, by default, have more options.
Trust Lifespan and the Grantor
The duration of an inter vivos trust, like a revocable trust, is closely linked to the lifespan of the grantor. A grantor is the individual who establishes the trust.
Unlike an irrevocable trust, which typically has a fixed lifespan, a revocable trust offers the grantor the flexibility to make changes or revoke the trust entirely while they are alive and have capacity. This feature makes the duration of a revocable trust inherently tied to the grantor’s lifetime.
Living Beneficiaries Impacts Trust Duration
When trust duration or when a trust can get continued, the number of living beneficiaries must be considered. In other words, the Rule Against Perpetuities (“RAP”). This is generally handled by the trustee and their representation.
In general, the rule against perpetuities says that a trust could last for the lives of all relevant people who were alive when the trust was formed, plus twenty-one years. Unfortunately, Minnesota’s RAP is a little more complicated.
Terms of the Trust
How long a trust might last can depend on the terms of the document too. For example, a grantor can end or terminate a trust upon a specific event like reaching a certain age.
Another reason that a trust might end or fail to continue is the result of an economic inefficiency. When trust assets fail to generate sufficient returns to cover administrative costs or sustain the intended distributions, perhaps this means dissolving the trust.
Further, trust duration may be impacted by the situs state of the trust too. The situs state of a trust holds paramount importance due to its legal and jurisdictional implications. It determines the governing law, tax regulations, and court jurisdiction for the trust.
How Long Can a Trust Last?
As you can imagine, trust duration is different in every state. Every state has their own rule on determining how long a trust instrument can last. Some states are favorable, while other states are not.
States that suggest giving trusts an opportunity to last up to 360 years include Alabama, Florida, Georgia, Mississippi, Nevada, and Tennessee.
A state that has hinted at granting trusts an opportunity to last up to 500 years is Arizona. States that have suggested a trust duration of up to 1,000 years are Alaska, Colorado, and Wyoming.
Believe it or not, there are other states that suggest an unlimited period that a trust can continue. This includes Arkansas, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Kentucky, Maine, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, North Caroline, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Virginia, and Wisconsin.
Trust duration is a powerful tool in shaping one’s legacy and securing the future. By understanding the intricacies of trusts, individuals can navigate the complexities of estate planning with confidence.
Every situation is different, and there can be a lot of confusion, especially if something your former employer said doesn’t feel right.
Minnesota law 268 is a chapter of rules that impact appeals for UI benefits. Many people find out about this chapter upon getting a letter in the mail.
Whether the letter makes reference to MN Statute 268.095, 268.035, 268.085, or any other rule, finding a solution starts with identifying the issue.
268 MN Unemployment Quit Laws
When a person quits a job and seeks unemployment benefits, they are asked to compare their reason to other “good reasons”. In other words, case law.
Minnesota 268 Laws for Termination
Cases involving employees accused of employment misconduct require a different legal analysis.
The term employment misconduct in Minnesota is fact specific. In other words, every case is different because employers have different policies, guidelines, and expectations.
Utilizing research tools mentioned above may help clarify your situation or goals.
Employment Misconduct is any intentional or negligent conduct that demonstrates a disregard for the employer’s interests or that is a violation of the employer’s reasonable expectations. This doesn’t mean much unless you are comparing this to other situations and cases.
For this type of analysis, there are thousands of Minnesota cases are explain misconduct issues.
Likewise, other unemployment laws provide important safeguards for individuals who have been wrongly disqualified. Being ineligible for benefits is an appealable. i
Changes to Minnesota Law 268
Minnesota law 268 has changed many times. In fact, this law has changed more than sixty (60) different times since its original enactment in the year 1927.
Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.
The unemployment court fee in Minnesota is different for individuals and applicants, versus employers.
When an individual makes an unemployment appeal to Minnesota’s Court of Appeals, the cost is waived under the Unemployment Court Fee rule. The court fee to make an appeal by an employer is $550.
That said, there isn’t a court filing fee for either an applicant or an employer when the UI appeal is heard by phone or during a process called a request for reconsideration.
There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. And, court transcripts are generally free too. This rule is not based on income and true for employers and individuals alike.
Reconsideration Court Fees
In addition, there are no court filing fees for appeals called requests for reconsideration. Again, this is true for employers and individuals alike.
Unemployment Court Fees for the Court of Appeals
The filing fee is only paid when the employer is initiating the unemployment appeal. If an applicant files the appeal, the employer is asked to submit or attach a filing fee for their response to the matter.
Of course, these types of expenses should be considered when deciding how to proceed. However, there are many other factors to consider, which may far more significant than court filing fees and service of process.
Minnesota Supreme Court Fee for an Appeal
When a party files an appeal through Minnesota’s Supreme Court, a filing fee of $550 is required.
However, the Supreme Court in Minnesota is not compelled to hear or decide upon a case.
Estate Planning for College Students and Young Adults: Why It Matters and How to Get Started
Estate planning might seem like a topic reserved for older adults or those with significant wealth, but it’s actually a crucial step for everyone, including college students and young adults.
While it’s easy to think of estate planning as something to worry about later in life, the reality is that unexpected events can happen at any age. By taking a few simple steps now, young adults can help assure that a specific person can manage their affairs if an urgent matter arises.
Why Estate Planning is Important for Young Adults
Unexpected Events Happen: No one likes to think about the possibility of accidents or serious illnesses, but they can occur at any age. Having an estate plan ensures that your wishes are followed and your loved ones are protected if something happens to you.
International Travel: These days, young adults are traveling more than ever. One one hand, this can be a wonderful experience and opportunity for growth. On the other hand, strange things can happen. Having critical estate planning documents in place can reduce stress and anxiety.
Financial Assets: Even if you don’t have a significant amount of wealth, you might have savings, a car, or other valuable assets. Estate planning helps you determine what will happen to these possessions.
Digital Assets: Young adults often have extensive digital footprints, including social media accounts, online banking, and digital purchases. An estate plan can outline what should happen to these digital assets.
Healthcare Decisions: If you’re unable to make medical decisions for yourself, having a healthcare directive in place ensures that someone you trust can make those decisions on your behalf.
Essential Estate Planning Documents for Young Adults
Last Will and Testament: This document outlines how you want your assets distributed after your death. It can also designate a guardian for any minor children and name an executor to manage your estate.
Durable Power of Attorney: This allows someone you trust to handle your financial affairs if you become incapacitated. They can pay bills, manage bank accounts, and handle other financial matters.
Healthcare Power of Attorney: This document designates someone to make medical decisions on your behalf if you’re unable to do so. It ensures that your healthcare wishes are respected.
Living Will: A living will, or advance directive, specifies your wishes for end-of-life care. It can include your preferences for life-sustaining treatment, pain management, and other medical interventions.
HIPAA Authorization: This form allows healthcare providers to share your medical information with the individuals you specify. Without it, your loved ones might face difficulties in accessing your health information.
Steps to Start Estate Planning
Take Inventory of Your Assets: List all your financial accounts, properties, and valuable possessions. Don’t forget digital assets, such as social media accounts, email accounts, and online subscriptions.
Choose Your Beneficiaries: Decide who will receive your assets. This can be family members, friends, or even charitable organizations.
Select Trusted Individuals: Choose someone reliable to be your power of attorney and healthcare proxy. These individuals will have significant responsibilities, so pick people you trust.
Consult an Attorney: While you can create some documents on your own, consulting with an estate planning attorney ensures that your plan complies with state laws and fully protects your interests. This could be especially important for young college students who reside in Minnesota and enrolled in an out-of-state school. Or, vice versa.
Communicate Your Wishes: Make sure your loved ones know about your estate plan and where to find important documents. Communication is key to avoiding confusion and ensuring your wishes are followed.
Common Misconceptions About Estate Planning
“I’m too young to need an estate plan.”: Estate planning is not about age; it’s about being prepared for the unexpected. Young adults can benefit just as much from having an estate plan as older individuals.
“I don’t have enough assets to need an estate plan.”: Estate planning is about more than just distributing wealth. It includes making healthcare decisions, managing digital assets, and ensuring your wishes are followed.
“It’s too complicated and expensive.”: While some aspects of estate planning can be complex, there are many simple steps you can take on your own. Basic documents like wills and powers of attorney are affordable to create.
Benefits of Early Estate Planning
Peace of Mind: Knowing that you have a plan in place can give you peace of mind, allowing you to focus on other aspects of your life without worrying about the future.
Protection for Loved Ones: Estate planning protects your loved ones from having to make difficult decisions during stressful times. It also prevents potential conflicts among family members.
Control Over Your Future: By planning now, you retain control over your future. You decide who manages your affairs, who receives your assets, and how your healthcare is handled.
College Student Estate Planning
Estate planning is an essential task that should not be overlooked by young adults. It’s about being proactive and taking control of your future.
By creating a simple estate plan, you can protect your assets, ensure your healthcare wishes are respected, and provide peace of mind for yourself and your loved ones.
Don’t wait until it’s too late—start your estate planning today and secure your future.
