When a person is accused of Minnesota unemployment fraud, the first two feelings generally felt is stress and fear. I believe every Applicant seeking benefits has the power to clear their name.
Generally, most Applicants are tripped up when answering their weekly benefit questions. Unfortunately, reflecting on past application questions can be difficult.
For this reason, I encourage Workers to consider the following when engaging unemployment fraud:
- Make a notebook of job search activities,
- Print out monthly calendars,
- Map hours worked (if any) on a weekly basis,
- Map wages (if any) received on a weekly basis, and
- Make a list of every job sought or applied too.
Minnesota Unemployment Fraud – Statute 268.18
Next, I encourage Workers to review the laws and rules. I believe:
- Everybody’s situation is different, and
- Fraud can be limited to one week of benefits or many months of benefits.
One of the main rules that applies to an unemployment case is Minnesota statute 268.18.
Legalese of Minnesota Unemployment Fraud
The rule for fraud says a person has committed unemployment fraud in Minnesota if they received unemployment benefits by:
- Knowingly misrepresenting, misstating, or failing to disclose any material fact, or
- A Person making a false statement or representation without a good faith belief as to the correctness of the statement or representation.
Yes, that is a mouth full. Not to worry. I would like to briefly introduce this topic in my video below:
Criminal Rule for Unemployment Fraud – Statute 609.52
Yes, sometimes an Applicant can be impacted by a criminal law too. The criminal rule for unemployment fraud in Minnesota is rule Minnesota statute 609.52. Rule 609.52 is a criminal rule and different from the rule stated above.
Overlap of both rules
Yes, there is overlap between unemployment rules and criminal rules. The overlap is seen here: Minnesota statute 268.182.
What should you do if you are accused of Minnesota Unemployment Fraud?
Every person reacts differently. In my experience, it is easier to access a process by pinpointing where the issue may have started.
If you do not know where it may have started, then I encourage Applicants to practice good judgment in their preparation.
Other issues to be aware of:
I believe the office managing unemployment benefits prefer charging a person with unemployment fraud because:
- The monetary penalties can be up to 40% (which is really high), and
- Yes, there are ways the unemployment office can create an infinite period of time to collect their money.
Does Minnesota Unemployment Fraud happen a lot?
As requests for unemployment benefits becomes more difficult, unintentional Minnesota Unemployment Fraud is happening too.
Based on various articles I have reviewed and dating back to the year 2009, an unemployment overpayment has become twice as likely.
As you can see, Minnesota’s unemployment office overpaid Applicants millions and millions of dollars in benefits.
What is the process for Minnesota Unemployment Fraud?
Specific to unemployment fraud under rule 268.105, an Applicant can appeal an unemployment overpayment claiming fraud.
The process for unemployment fraud under Minnesota statute 609.52 depends on the County, the amount owed, and whether or not you are seeking an appeal through the unemployment process.
What is the difference between Non-Fraud and Minnesota Unemployment Fraud?
Unemployment fraud can impact your credit history, professional licensing, and the monetary penalties.
Thus, every case is different too.
What should you do about being accused of Minnesota Unemployment Fraud?
Yes, Applicants seeking benefits have rights. However, judicial decisions are important and need your attention. Otherwise, a Worker might inadvertently waive their rights.
Should you hire a lawyer for Minnesota Unemployment Fraud?
Fraud is way to series to mess around with. Please consider contacting me if you want to discuss your specific situation.