For People Scared of a MN Unemployment Appeal [Updated]

MN Unemployment Appeal

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.

MN Unemployment Appeal – Level IV:  Minnesota Supreme Court

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.  

I wish you the very best.