If you are looking for an example why a worker should consider having their unemployment appeal reviewed by an unemployment lawyer, look no further than a recent decision in Minnesota called Newkirk v. Gerard Treatment Programs, LLC.
In this case, an applicant from Minnesota requested unemployment benefits after she quit her job for medical or health issues. That being said, the applicant for unemployment benefits made an argument regarding the fact that she quit her job for medical or health issues despite the fact that other arguments could have been made that would have assisted her in her request for unemployment benefits.
Unfortunately, the worker in this case chose to utilize a weaker argument and insisted that she quit her job for medical or health issues. Stating that she quit her job for medical or health issues was a weaker argument because she didn’t satisfy all of the conditions required when a person quits their job for medical or health issues. After she was identified as eligible, it was identified that she didn’t quit. Despite this, the employer appealed the applicant’s claim for unemployment benefits and an unemployment appeal hearing occurred.
As outlined by the Minnesota Court of Appeals, the applicant in Newkirk v. Gerard Treatment Programs insisted on a legal argument that failed to help her qualify for unemployment benefits in Minnesota. In Minnesota, a worker who quits their job is ineligible for unemployment benefits. On the other hand, a worker who quits their job for medical reasons might be eligible for unemployment benefits if they quit their job because of a serious illness or injury made it medically necessary for the worker to quit. But, a worker who quits their job has nearly a dozen other legal arguments available to them on why they should be eligible for unemployment benefits. Despite this, the applicant in this particular case limited her argument to one issue – she quit her job for health issues.
A person in Minnesota who quits their job for medical or health issues is not automatically eligible for unemployment benefits. Quitting a job for health issues or medical reasons in Minnesota is an extremely complicated argument because it requires specific communications between the worker and the employer. Without outlining these communication requirements, an applicant for unemployment benefits will likely loose their request for unepmloyment benfeits for not meeting requirements mandated by Minnesota law.
As referenced above, the Minnesota Court of Appeals recently reviewed Newkirk v. Gerard Treatment Programs where the worker quit their job for medical reasons. Had the worker not solely argued she was eligible for unemployment benefits after quitting for medical reasons, perhaps the Minnesota Court of Appeals, which heard the applicant’s unemployment appeal, could have used a different legal theory to support her claim for unemployment. But, because the applicant failed to outline this argument, the Minnesota Court of Appeals didn’t have the authority to decide this element of the unemployment appeal.
Therefore, please consider using all available arguments rather than one argument when appealing for unemployment benefits and prevent making the same mistakes the applicant in Newkirk v. Gerard Treatment Programs, LLC made. Thus, please contact an unemployment lawyer to prevent these same mistakes.