Noncovered employment is a fancy unemployment term. In Minnesota, auditors and employers that use this term can cause a person to be ineligible for benefits. As a result, it is worth paying attention.
Applicants or workers must be cautious and never offer evidence supporting a noncovered classification.
Covered versus Noncovered 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 job classification is covered employment.
When I meet with people who are confronted by this issue, they are often surprised that Minnesota even makes such 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 101
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.
Employers always argue the opposite because they want to reduce their tax bill.
Unfortunately, applicants appealing their unemployment benefits are usually unprepared when discussing their job duties with a judge and having their least favorite human resources representative shred their job requirements.
Look, applicants cannot get scared. 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.
How Can An Unemployment Lawyer Help?
Attorney Jasper Berg