Author: Jasper Berg, J.D.

  • Does Unemployment Nice Really Work?

    Does Unemployment Nice Really Work?

    Unemployment nice is a term I use to describe a losing strategy used by many applicants trying to acquire unemployment benefits.

    Being nice to your pet builds a strong bond.  Being nice to the unemployment office helps when you need administrative assistance.  However, using unemployment nice is not an effective legal strategy when you are trying to prove your eligibility.

    Unemployment Nice does not work

    Look, every piece of information an applicant gives to the unemployment office needs to support your eligibility for benefits.  Instead, you may inspire an audit from the unemployment office by:

    • Being whimsical,
    • Describing your medical history,
    • Identifying an error or mistake,
    • Telling them about your vacation,
    • Explaining your educational aspirations,
    • Asking if certain income will count against your wages,
    • Or telling the unemployment office about your job application process.

    Because most people do not like the idea of being audited or scrutinized, please be ready for anything and everything.

    Unemployment Nice with your Judge

    Absolutely, every person should be nice to their unemployment law judge (“ULJ”).  Unemployment nice is different from being polite.  Time and time again I hear or see applicants trying to play the nice card as if it will help them acquire benefits.

    Yes, most unemployment law judges will see right past this and you need to have your ducks in a row.

    Unemployment Nice with administrative stuff

    Yes, be nice to the people answering phone calls to assist you with access to your unemployment account or password.  But, restrict the temptation to tell your story just to see what “they” might think.

    Instead, access free resources and conduct your own legal research by comparing your case to publicized decisions.

    Unemployment strategies that work better

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me for help.

  • 7 Tips When Picking a Standby Guardian

    7 Tips When Picking a Standby Guardian

    Picking a standby guardian is hard.  I believe every parent stresses over the care of their child.

    Thinking about a situation where you are unconscious or dead quadruples this stress.

    Luckily, parents can:

    • Designate a standby parent,
    • Identify an alternate or backup to their first pick, and
    • Select which triggering events will allow for a standby to step in.

    Rules and Forms for a Standby Guardian

    Yes, Minnesota has specific rules on the designation process.  The rules for a standby guardian are under Chapter 257B.

    Also, Minnesota has a somewhat helpful form as a guideline, which you can find HERE.

    Tips for selecting a standby guardian

    In my opinion, here is a short list of tips and risks for selecting a standby guardian:

    1. Select a guardian that doesn’t contradict your Will or Trust,
    2. Do not force your standby guardian to blend your child’s money (your money),
    3. Do not incorrectly complete a standardized form,
    4. Communicate your desires with the primary and alternate backups,
    5. Do not grant a different standby guardian for each child,
    6. Acquire signatures from your standby, and
    7. Have a guardian for a short-term conflict and a long-term conflict.

    Can a Standby Guardian take my child to daycare?

    Yes, a standby guardian can take your child to daycare in the event you are hurt or injured.  Likely though, you are confusing the goal of this form with a form for delegating parental rights.

    In my experience, parents confuse the process of selecting a guardian with a different form often called a power of attorney for childcare (sometimes called a Delegation of Parental Authority).  Yes, a power of attorney for childcare is a different form and usually used in situations where grandparents help with:

    • Medical care,
    • Dental visits,
    • Obtaining prescriptions,
    • Daily activities.

    Triggering events for a standby guardian

    Earlier, I identified a term called triggering events.  Basically, a triggering event is a situation you select that gives the guardian a reason to step-in.  Absolutely, everybody has the potential of outlining a different list of triggering events specific to them and their family.

    Here are a few examples:

    • Your death,
    • Unconscious,
    • Being ill or sick,
    • Both parents being unavailable,
    • A parent is serving in the military, and
    • Jail.

    Other requirements to think about

    In addition to other conditions under Chapter 257B, every form should include your:

    • Intent,
    • A list of conditions,
    • The use of two witnesses,
    • Signatures from both parents, and
    • An acceptance from the guardian of your choice.

    Need more help?

    Please contact me directly if you find yourself needing help.

  • Did your Witness for a Will Get Drunk or Hostile?

    Did your Witness for a Will Get Drunk or Hostile?

    You do not want the witness for a will to get drunk or hostile.  I believe every person trying to formulate their will should have nice and friendly people as their witnesses.  Because Minnesota law agrees, this is how I approach a witness for a will.

    Who can be a witness for a will?

    In Minnesota, rule 524.2505 tells us any competent person, including your loved ones, can be a witness.  Here is what I look for:

    • A person who is older than 18 years of age,
    • A person who is not an anticipated heir,
    • A person with a sound mind, and
    • A person who is can agree to be at a specific place on a specific time.

    How do you know if a witness for a will is 18 years of age or older?

    This part of the problem is very easy.  You look at their driver’s license.

    Also, this is important too because I like including the witnesses city or town of residence to their signature block as a witness.

    How do you avoid an anticipated heir?

    Without asking, it is difficult to know whether the folks I depend on as a witness are heirs of my Clients.  However, the day I have a Client tell a witness “hi so-and-so, it is great to see you”, that will likely lead to additional question and or the use of a different witness.

    The best way to begin the process of understanding who is or is not an heir, consider this resource from our Attorney General.

    How do you know if a witness for a will has a sound mind?

    In my experience, this is hardly an issue except when Clients ask whether their elderly parent or jittery adult child can serve as a witness for a will.

    Unless you acquire a medical examination, very likely neither one of us will know if a witness has a sound mind.  However, here are a bunch of facts I look for:

    • Slurred speech,
    • Do they have a difficult time finding their license,
    • Can they write their name without asking how,
    • Do they look you in the eye,
    • Are they in good spirits, and
    • Do they give off a sharp or sound impression?

    Do you really need a witness for a will?

    Yes, in Minnesota you absolutely need a witness for a will.  In fact, you need at least two people.

    Yes, if you believe one of your family members will be a pain in the butt once you move into Heaven, there have been times when I encourage Clients to use or seek three (3) witnesses.

    Need more help?

    I recognize I am taking a somewhat lightheartedness towards witness selection.  On the other hand, family members fight over witnesses selection all the time.

    Thus, please contact me such that we can have a deeper discussion on your family dynamic.

  • My Temp Agency Job Ruined my MN Unemployment

    My Temp Agency Job Ruined my MN Unemployment

    The combination of MN unemployment temp agency benefits is stressful.  If you can, do not mix them.  If you cannot help it, then consider the following.

    How does the temp agency process start?

    Often, unemployment appeals begin and end when an applicant applies for work at a temp agency.  Here are the problems an unemployed worker seeking temp jobs will run into:

    • Wage reporting,
    • Failing to recognize when a work week starts or ends,
    • Turning down a temp job for the wrong reasons, and

    At first, work through a temp agency might seem like a necessity.  If this is your decision and you are collecting or anticipate collecting unemployment benefits, take extreme caution going forward.

    From the perspective of the job seeker, a job through a temp agency is “temporary.”

    From the perspective of the unemployment office in Minnesota, a person who turns down a “temporary” job is no longer eligible for unemployment benefits going forward.  As suggested above, this issue can instigate an unemployment appeal.

    Elements of MN Unemployment Temp Agency

    First, please recognize that a person requests unemployment benefits on a week to week basis.

    Each week, the worker will report whether they are working.  The process of answering questions presented by the unemployment office is often where the risk of an unemployment appeal begins

    Because work through a temp agency is often “temporary”, there are many legal issues related to temp agencies that can get a person in trouble.  For example, a person can become ineligible for unemployment benefits indefinitely after turning down or rejecting a job offer from a temp agency.

    Also, if the unemployment office in Minnesota willy nilly determines a worker failed to accept a valid job offer, that worker could be deemed ineligible for unemployment benefits for each future week.

    Yes, this rule can be true even if the job was “temporary” or if the wages the person was expecting from the temp agency become less and less each subsequent week.

    Other confusing parts for temp workers and their unemployment benefits

    Working at a temp agency can be confusing in terms of hours worked and hours paid.

    A person who works 32 hours or more in any given week is automatically ineligible for unemployment benefits in Minnesota.  From the perspective of the unemployment office in Minnesota, it doesn’t matter whether or not the worker was paid for their labor.

    Yes, there is a government agency (the Department of Labor) that protects workers from this issue.  But, it is not as significant of an issue in terms of unemployment benefits.  Again, this alone can instigate an unemployment appeal.

    Being alert while you are unemployed

    Once a person applies for a job through a temp agency they have to be on alert.  The worker who is collecting unemployment benefits and applying for work through a temp agency has to be on alert because a job offer (even for a day) can be proposed with or without notice.

    The general rule is the moment a worker turns down or rejects a temporary job offer, the person is now ineligible for unemployment benefits indefinitely.  Luckily, there are exceptions to this rule too.

    Double trouble for MN Unemployment Temp Agency

    Another example related to wages can be seen in this example called “double trouble.”

    For a moment, lets assume a person worked at a temp agency some two weeks in the past and was not paid until today.  If the worker was ineligible for unemployment benefits two weeks ago after working more than 32 hours, believe it or not, the wages paid after the fact will also reduce the person’s eligibility for unemployment benefits during the week the worker was paid.  I call this “double trouble.”

    My point about temp jobs and unemployment benefits

    A person who is collecting unemployment benefits in Minnesota and works or anticipates work through a temp agency can unknowingly increase the likelihood of an appeal for unemployment benefits.

    Yes, it is okay to pursue both, but every Applicant trying to manage MN unemployment temp agency should take steps to protect themselves too.

  • Should I trust Military Legal Assistance with my Will?

    Should I trust Military Legal Assistance with my Will?

    Military legal assistance for your will and estate plan should be used in addition to legal help in your home state.  Not only did I serve active duty in the military, I help members of the armed forces and Veterans with their estate plans.

    Thus, if you are in the military or about to be deployed, consider these issues when trying to decide to engage JAG or military legal assistance for your will.

    When do you need military legal assistance for your will?

    Yes, I believe military legal assistance for your will and estate plan needs is a necessity for every person in the armed forces.

    On the other hand, every person in the armed forces should have an estate plan devoted to their belongings back home too.  For example, a will and a power of attorney.  Why?  Because your loved ones need your help in case of your demise or you are unable to talk for yourself while or before being discharged from the military.

    Why do military members need two estate plans?

    A person needs an estate plan for every State or Country you keep stuff.  If your car is located in Texas, but you have a Minnesota license plate, the rules governing your motor vehicle are going to be exclusive to Minnesota laws.

    If you have a bank account at the Credit Union on your base for fort and also have a bank account in your hometown, your hometown bank will require your loved ones to follow Minnesota laws to access your financial documents.

    If you have children and you want your parents to have the right to visit your children on your behalf, you need a parental guardian plan from Minnesota.

    Yes, contact this law office if you are trying to engage JAG or military legal assistance for your will and estate plan.  This is a necessity because a person in the armed forces likely will have two estate plans to accommodate their duty station and the State where they are from.  

    Advice from JAG and military legal assistance for your will

    If JAG or the person you spoke to about military legal assistance for your will tells you their documents are enough to proceed on a deployment, they are right.  In actuality, you do not need an estate plan to participate on a deployment.

    On the other hand, a person who does not take time to create an estate plan before they are deployed is putting their stuff, property, bank records, health care, and care for their loved ones at risk of problems and undesired chaos.

    Military legal assistance for your will and health care

    Unfortunately, members of the armed forces face dangerous situations and can require medical treatment above and beyond bumps and bruises.

    If you require medical attention and your family needs to seek health records on your behalf, consider seeking a health care directive (also called a living will) to support your wishes and desires in case you are not able to talk on your own behalf.

    What if you live internationally?

    Even if you live internationally, this law office has helped members of the armed forces with ties or connections to Minnesota.  If you need help or advice, please contact this law office for help.

  • How My Public Unemployment Appeal Made Things Worse

    How My Public Unemployment Appeal Made Things Worse

    Would you file a public unemployment appeal to fight a lie about being drunk at work?

    Being drunk at work is a problem.  Telling the whole world you were not drunk at work can be a bigger problem.

    I believe every person seeking an unemployment appeal should consider alternatives to their eligibility for benefits before seeking a public unemployment appeal.

    Types of unemployment appeals

    Recently, an applicant seeking unemployment benefits filed a public appeal and made a mess by turning their case into public information.

    In Minnesota, there are generally four types of unemployment appeals:

    1. Phone appeal (Level 1),
    2. Request for reconsideration (Level 2),
    3. An appeal to the Minnesota Court of Appeals (Level 3), and
    4. An appeal to the Minnesota Supreme Court (Level 4).

    The rules governing an appeal for benefits include a rule called statute 268.105.

    How a case turns into a public unemployment appeal

    With very few exceptions, nearly every case filed with the Minnesota Court of Appeals or Minnesota Supreme Court will become public knowledge.  For many, the fear of having their case “googled” when seeking future employment can be scary to think about.

    That said, every case has the risk of becoming public because:

    • Applicants cannot control their former employer’s right to appeal,
    • Records can be subpoenaed by third parties, and
    • Applicants themselves induce a Level 3 or Level 4 appeal.

    Fearful of a public unemployment appeal

    Spending time being fearful of a public unemployment appeal is not necessarily time well spent because there are a number of situations workers or applicants trying to become eligible for unemployment cannot prevent.

    On the other hand, knowing about the application process and eligibility alternatives can have a positive impact on a person’s success for acquiring benefits in Minnesota.

    In my experience, knowing when or how to appeal a case can reduce fear, anxiety and factual issues calling for redaction.

    Help preventing a public unemployment appeal

    The bottom line is this – there is more than one way of becoming eligible for benefits in Minnesota and I prefer alternatives versus telling the world about a problem that could have remained private.

    If you need help preventing an unemployment appeal or making a decision about a public case, please consider contacting me for help.

  • Signs You Have A Painful Estate Plan

    Signs You Have A Painful Estate Plan

    A painful estate plan is one that makes others cringe and shriek.  Very likely, you know what I mean.

    If you do not, here are a few examples to get us going:

    • The plan you made dates back to the 70’s,
    • You re-married and failed to update your old plan,
    • At the age of 80, you just now decided it was a good time to create a plan,
    • Both executors of your Will are dead and you know it,
    • The last time you reviewed your plan was the day you signed it, or
    • You have twice as many grandchildren and half as many daughter/son-in-laws.

    Reduce your Painful Estate Plan

    Yes, you can reduce your painful estate plan by acknowledging it has flaws and making a change.

    To be clear, I believe in reducing stress and anxiety for your loved ones and today is the day I want to make this point clear by associating pain with your outdated plan.

    Yes, a painful estate plan is a bad habit you can change.

    Timing of a painful estate plan is never good

    Ideally, all of us would get a two-year window alarm before our time is up.  Unfortunately, very few of us get this luxury and those that do are generally unable to make decisions on their own behalf.

    In my opinion, one of the best times of the year to begin the process of creating an estate plan is the same week a person begins their taxes.  If this doesn’t work, then anytime between May and December works too.

    The most painful estate plan is…

    Yes, the most painful estate plan is the plan that was never formalized or does not exist.  Quite frankly, I think this goes without saying.   Unfortunately, it is not very difficult to find examples where people failed.

    Thus, please bring this topic up with those that you love and remind them to update their estate plan.

  • My Mom Buried Wedding Rings in her Grave

    My Mom Buried Wedding Rings in her Grave

    Buried wedding rings can be problematic when your decision is left with loved ones.

    I believe every person can use their will or estate plan to prevent family stress and anxiety.

    Below is a brief process outlining how to find a resolution to the buried wedding rings dilemma.

    Estate Planning for your buried wedding rings

    If a person wants their wedding ring buried in their casket or placed inside a tomb, these wishes should be specifically described.  Generally, I prefer a funeral directive along with a Will or Trust.

    In my experience, a funeral directive, which is a document outlining specifics for your funeral, can be easily shared with funeral directors, spouses and adult children.  Having this decision prearranged reduces guessing.

    In my experience, using your will to outline your decision is not necessarily a practical document during the funeral planning process because:

    • You shouldn’t share your will with everybody around you unless required, and
    • Reading your will this soon and openly may cause family conflict.

    Additionally, I think a prudent person shares their desires specific to a wedding ring inside their revocable trust and or will.  Yes, to reduce stress and risk, assuring neither document contradicts one another is a significant goal.

    Estate Planning to prevent having buried wedding rings

    Likewise, people wishing to gift their wedding rings versus the alternative described above can utilize the “specific gift” process within their estate plan.

    Yes, this process can be as simple as affirming where, who and how your wedding ring should be gifted at the time of your death.

    On the other hand, I have heard many adult children claim their mom told them specifically that they would receive the wedding ring.  As might suspect, it can be surprising to many people when it is discovered neither the will or revocable trust shared or expressed this intent.

    I am telling you now – this issue can be solved fairly easily with concrete planning methods expressing your wishes.  Otherwise, risking having buried wedding rings or leaving everything up to chance under Minnesota’s intestacy laws is uncomfortable at best.

    Buried wedding rings and your Medical Assistance

    Another common question arising from including your wedding ring in an estate plan is whether gifting it now or later will impact medical assistance.

    Every situation is different.  In general, medical assistance programs support excluding “personal effects” as an asset.  Sometimes, people seeking this benefit are able to define wedding rings as a personal effect and excluded from a MA calculation.  

    On the other hand, jewelry (like a wedding ring) retained because it has value or an investment will likely fail the the “personal effects” exclusion.

    Help with buried wedding rings

    Buried wedding rings or not, every person has a choice.  Yes, an estate plan is a wonderful way to reduce stress and anxiety for your family.

    Please contact me if you need help.

  • 4 Heads Are Judging Unemployment

    4 Heads Are Judging Unemployment

    Judging unemployment is serious stuff.  I believe the process of seeking unemployment should not start with telling your whole story and finding ways to reduce stress or anxiety.

    Instead, take this process in strides and chunks.

    The first person judging unemployment is…

    The very first person who gets to judge your unemployment claim is YOU!  Being approved unemployment benefits is not based on principle.  Instead, unemployment claims are decided by rule 268.095.

    Sometimes, the best plan is identifying a specific fact applicable to a rule supporting your eligibility.

    Unfortunately, those filling out applications will judge their own merits and fail at identifying the important parts.  In my experience, the most difficult element to separate is emotion.  If you are emotional about your own case, then very likely you have already misjudged your own claim.

    The second person judging unemployment is…

    The second person judging unemployment claims are those reviewing your application.  In my experience, these folks are very unskilled.

    I say this with good intentions because I acknowledge the group of people reviewing unemployment applications have spent zero time reviewing past cases available to the public.

    One of the best ways around this is sticking to facts and the laws favoring eligibility.  Another method, which many people claiming unemployment take, is wishing for the best and appealing a denied claim.

    The third person judging unemployment is…

    The third person judging unemployment claims are people called unemployment law judges or ULJ.

    Yes, unemployment law judges are lawyers hired by the unemployment office who serve as impartial reviewers of unemployment claims.

    In other words, much like a judge you have seen on television or a past experience, an unemployment law judge does everything another judge might do.

    The fourth, fifth and sixth person judging unemployment is….

    Yes, an applicant seeking unemployment benefits can have their case judged by even more people than three.

    If a person decides to appeal their case to the Minnesota Court of Appeals, a fourth, fifth and sixth person will be judging the case.

    When should I judge your case?

    I agree – this stuff can be stressful and overwhelming.

    I believe every applicant can save money and reduce stress by seeking my judgment early on or leaning on a rule that might improve the likelihood of your eligibility.

    If you need help, please contact me directly.

  • 7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    There are seven rules for Minnesota Unemployment Eligibility.  Yes, there are many other rules and guidelines an applicant should consider, but 7 big ones at a minimum.

    Before taking on the unemployment office, consider the following.

    First, Bad News About Minnesota Unemployment Eligibility

    Bad news first, right? The unemployment office looks at eligibility issues on a week by week basis. This means a person eligible today might not be eligible in a week.

    In other words, a person trying to collect unemployment can get denied in any given week.

    On the other hand, being ineligible this week might mean you can become eligible next week.  Thus, take these 7 rules seriously.

    Good News About Minnesota Unemployment Eligibility

    Minnesota has one of the highest levels of benefits. For some people, applicants can receive nearly $775 dollars per week for a total of nearly $20,000 over a 26 week period.

    Even though lower paying jobs offer less in benefits, it is nice to know that many Minnesotans can keep a roof over their head and food in the fridge upon obtaining benefits.

    Knowing this, let me introduce 7 rules I believe are critical.

    7 Rules for Minnesota Unemployment Eligibility

    Okay, here are the first seven rules every applicant seeking or trying to collect unemployment should consider:

    1. Minnesota rules and statutes are not the same. To start your research, consider Minnesota statute 268.085.
    2. Except for those in special programs like CLIMB, applicants are required to seek suitable employment.
    3. Unemployment audits are always a possibility
    4. The unemployment office has different rules for quitting versus getting fired.
    5. There are lots of ways unemployment benefits can get delayed.
    6. Independent contractors run into problems.
    7. Unemployed workers seeking out employment agencies sometimes run into problems too.

    Other Unemployment Issues

    Absolutely, there are going to be a number of additional issues every applicant should be concerned with. However, they are going to be case by case. After all, each claim is different because each claim started with a different employer and boss.

    Nonetheless, I recommend to each applicant considering benefits to know how or why they are eligible for benefits before filling out their application for benefits.

    Next, every worker or applicant should read Minnesota statute 268.095 and ask themselves how it applies to their own situation.

    Then, I believe every applicant trying to help themselves with Minnesota unemployment eligibility should determine whether there is more than one way for them to become eligible for benefits.

  • Look Into These Eyes Before You Repay Unemployment

    Look Into These Eyes Before You Repay Unemployment

    Nobody wants to repay unemployment.  When Minnesota’s unemployment office claims money needs to be repaid or returned, they call it an “unemployment overpayment”.

    I believe every applicant trying to collect unemployment in Minnesota should appeal when accused of an overpayment versus concede.

    Here is an introduction to my approach to an unemployment repayment:

    Identify the deadline to repay unemployment

    In my experience, a lot of people do not know they can appeal an overpayment.  Everybody I meet with is encouraged to find a deadline.  The deadline I ask people to find is not the deadline to return or repay benefits.

    Instead, I encourage applicants to find the date they can appeal their case.  Generally, the deadline to appeal an overpayment can be found in two locations:

    • Online and within an Applicant’s benefit account, or
    • Somewhere within the letter describing the problem.

    Related documents to repay unemployment

    Generally, letters looking like a pay stub or invoice are not helpful.  These types of letters are designed to encourage applicants to repay unemployment.

    In my experience, they do not support or help applicants appeal the unemployment overpayment.  In fact, a lot of people incorrectly interpret their invoice or repayment voucher as a forgone conclusion they no longer have appeal rights.

    For this reason, finding the deadline specific to an unemployment overpayment is a significant step.

    Good reasons to appeal unemployment

    Yes, there are many reasons to appeal an unemployment overpayment.  They include but are not limited to the following:

    • Identifying a legal reason to qualify for unemployment,
    • Notice of an appeal deadline was never received,
    • Due process failed,
    • There was an error of law,
    • The evidence does not support an overpayment, and or
    • A decision was arbitrarily decided

    Stop or cancel an overpayment

    Yes, Minnesota has rules that support cancelling an unemployment overpayment.

    Because the goal should always be reducing an overpayment to zero dollars ($0), I believe the process to repay unemployment should always begin with the appeal process.

    If a person does not have appeal rights, then Minnesota statute 268.18 can have a positive impact on a family’s well-being.

    Repay unemployment or negotiate?

    Unfortunately, the opportunity to negotiate a repayment plan is a lot harder than it should be.  No, applicants owing money to the unemployment office in Minnesota are not “negotiating a settlement” and the process is not the same as the IRS debt settlement commercials you hear on the radio.

    Instead, the process to repay unemployment benefits should be viewed as a way to reduce monthly payments while using cancellation rules to one’s advantage.

    Repay unemployment help

    If you believe the process described above or you need help accessing your situation, please contact me for more information.

  • Loosing Sleep Over Untimely Evidence

    Loosing Sleep Over Untimely Evidence

    Untimely evidence is a term used by unemployment judges to suggest.

    Basically, a claim stating you failed at submitting evidence on time means you cannot use it going forward.

    In my experience, every applicant trying to collect unemployment benefits can defend against untimely evidence by understanding these rules:

    • Exhibits
    • Witnesses
    • Continuances, and
    • Subpoenas

    Exhibits or untimely evidence in an appeal hearing?

    When a person or business submits evidence correctly and before the time limit, they usually receive a copy in the mail with an exhibit number.  In Minnesota, the exhibit number for an unemployment appeal will include a “watermark” in the lower right-hand corner of each piece of paper or document.

    If a person did not receive a copy in the mail or their online account fails to mention their evidence, very likely the document submitted to support your unemployment claim never made it to the right person.

    As of the date of this article, the unemployment rule identified HERE suggests documents or exhibits must be submitted to the unemployment law judge within five (5) calendar days.

    Very likely, failing to submit evidence before the time identified in rule 3310.2911 will result in untimely evidence.

    Untimely evidence for your witnesses

    Any person trying to acquire a written statement from a potential witness will likely be impacted by the rules referenced above.

    Luckily, an applicant trying to prove their claim for unemployment in Minnesota can combat a tardy witness or their unwillingness to help by seeking a subpoena.

    On the other hand, failing to make this request as the rules support or allowing the unemployment office to affirm the witness is not needed might be detrimental to your case.  Thus, this issue requires extreme caution.

    Acquiring a continuance for untimely evidence

    Absolutely, a person confronting an untimely evidence issue for an unemployment hearing in Minnesota can seek or ask for a continuance.  A continuance means the case is delayed.

    Yes, every person making this request needs to acknowledge it is only a request.  In other words, the request can be denied.

    Those seeking an unemployment appeal need to be prepared for having a continuance denied.

    Untimely evidence is a big deal

    Look, the rules for an unemployment hearing are strict.  Yes, an unemployment law judge can deny untimely evidence if the evidence is not properly received.

    Properly received evidence is outlined by Minnesota unemployment rule 3310.2922.  Applicants believing the exclusion of evidence might impact their case should urgently seek help or become immediately familiar with the rules.

    Need help with untimely evidence

    Please contact me if you need help acquiring evidence, submitting evidence, proving evidence and working around untimely evidence issues.