Would you file a public unemployment appeal to fight a lie about being drunk at work?
Being drunk at work is a problem. Telling the whole world you were not drunk at work can be a bigger problem.
I believe every person seeking an unemployment appeal should consider alternatives to their eligibility for benefits before seeking a public unemployment appeal.
Types of unemployment appeals
Recently, an applicant seeking unemployment benefits filed a public appeal and made a mess by turning their case into public information.
In Minnesota, there are generally four types of unemployment appeals:
- Phone appeal (Level 1),
- Request for reconsideration (Level 2),
- An appeal to the Minnesota Court of Appeals (Level 3), and
- An appeal to the Minnesota Supreme Court (Level 4).
The rules governing an appeal for benefits include a rule called statute 268.105.
How a case turns into a public unemployment appeal
With very few exceptions, nearly every case filed with the Minnesota Court of Appeals or Minnesota Supreme Court will become public knowledge. For many, the fear of having their case “googled” when seeking future employment can be scary to think about.
That said, every case has the risk of becoming public because:
- Applicants cannot control their former employer’s right to appeal,
- Records can be subpoenaed by third parties, and
- Applicants themselves induce a Level 3 or Level 4 appeal.
Fearful of a public unemployment appeal
Spending time being fearful of a public unemployment appeal is not necessarily time well spent because there are a number of situations workers or applicants trying to become eligible for unemployment cannot prevent.
On the other hand, knowing about the application process and eligibility alternatives can have a positive impact on a person’s success for acquiring benefits in Minnesota.
In my experience, knowing when or how to appeal a case can reduce fear, anxiety and factual issues calling for redaction.
Help preventing a public unemployment appeal
The bottom line is this – there is more than one way of becoming eligible for benefits in Minnesota and I prefer alternatives versus telling the world about a problem that could have remained private.
If you need help preventing an unemployment appeal or making a decision about a public case, please consider contacting me for help.