Public Information Gone Bad In An Unemployment Appeal

If you are unfamiliar with Minnesota rule 3310.2917, it suggests the following:  

Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings”

Public Information:  Bad Example

Consider a case called Jezierski v. St. Mary’s/Duluth Clinic Health Sys. (Corp), No. A18-0104, 2018 Minn. App. Unpub. LEXIS 860 (Oct. 1, 2018).  

As an attorney, I am constantly studying other cases.  It is very defeating when I see applicants, employees, and workers focused on winning versus making the right argument in favor of a claim.  

When applicants file an unemployment appeal and a panel of judges offer their opinion, employees are at their mercy. In other words, their decision, is searchable.  This is true because there was an appeal to Minnesota’s second highest court.  And, employers are using public decisions to make longterm decisions.  

If you put yourself in the employee’s shoes, would you have made a different decision about displaying public information?

Winning vs. Appealing

Presenting winning arguments and appealing to win are different.  This is even more true when a case has the potential of creating public information.  

If you need help weighing the pros and cons of an appeal, then please consider reaching out for support.