Public Information Gone Bad In An Unemployment Appeal

Public InformationPublic information is a problem for certain groups of job seekers.   Whether a person falls into the category of high risk is going to be different for every person seeking unemployment benefits. 

Because a lot of people who meet with me ask if their case can be reviewed by future employers, I wanted to address a few high level points. 

Again, every case and circumstance is different.  Good, bad, or indifferent, knowing when information becomes public is an important step in the longterm view of an appeal.  

Rule 3310.2917 and Public Access 

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”

But, here is the thing.  Applicants cannot prevent another party (an employer or DEED) from appealing a case onto the next level.  And, most unemployment cases become public if they are appealed to Minnesota’s Court of Appeals.  

For this reason, weighing the pros and cons of every appeal can become even more significant.  

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.

 

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