As a result, I encourage you to know this rule and standard inside and out.
Is the Minnesota Unemployment Preponderance of Evidence easy to establish?
At first glance, what is is considered for the Minnesota Unemployment Preponderance of Evidence might appear as a simple thing.
If you prove the Minnesota preponderance of the evidence is stronger for you than the other party, you should win – right?
Unfortunately, it isn’t necessarily as straight forward as it probably should be.
What is the most important part about the Minnesota standard for the Preponderance of Evidence?
It is the opinion of this law office that regardless the standard of proof, whether your case meets the definition for the Minnesota unemployment preponderance of evidence will take care of itself.
Instead, this law office believes the most important standard is whether or not you are more credible than the other party.
This means your “story” is more believable than the other person. Credibility is shown with your attention to details and using documents to prove your process and why you made certain decisions.
How is the Unemployment Preponderance of Evidence reviewed in Minnesota?
I know what you are thinking: the standard of proof for an unemployment claim isn’t credibility.
In Minnesota, the standard of proof for an unemployment case is the Minnesota unemployment preponderance of the evidence standard. So what gives?
Who decides what establishes the Unemployment Preponderance of Evidence?
Ultimately, unemployment claims are decided by people. When you are before an unemployment law judge during a phone appeal hearing, the decision maker is applying a subjective standard.
The standard is subjective because human nature plays a big part in determining whether you have successfully established the Minnesota unemployment preponderance of evidence standard.
If you were the judge, would you apply you unconsciously apply your own experiences to whether a case was more believable than not?
How does an Appeal affect the Unemployment Preponderance of Evidence?
On the other hand, it is the opinion of this law office that an appeal to the Minnesota Court of Appeals is more objective. This means decisions are based on conduct and perception external to the situation.
Think about it – the Court of Appeals is not allowed to hear you one-on-one while an unemployment law judge has this power.
Also, the Minnesota Court of Appeals reviews case transcripts versus dissecting the tone and reflections in your voice.
For these reasons, unemployment cases heard by the Court of Appeals apply a more objective standard.
Is the Preponderance of Evidence important?
In summary, yes the Minnesota preponderance of the evidence standard is important. That being said, this law office believes your “credibility” should be the focus and allow the standard of proof come together based on your ability to share your story.