A reconsideration for unemployment benefits is not a sprint. Unfortunately, Applicants seeking a reconsideration are missing out on big opportunities when they fail to address two possible conclusions or results.
Unemployment Tip # 010 – Every reconsideration for unemployment benefits should address at least two outcomes: (i) a reversal or (ii) a subsequent phone conference with a judge.
When an employee or worker looses a phone appeal, utilizing the rules outlined under Minnesota statute 268.105 becomes very significant.
Unfortunately, a lot of applicants filing their own appeals fail to tell the unemployment judge what the desired outcome should be or suggest alternatives.
In other words, if the case should be reversed, tell the judge why and how by pinpointing legal issues, identify the correct rule of law, and share facts to support a reversal.
Or, if another phone conference might be a way to fix legal errors and issues, say that too.
Reconsideration: Another Phone Call
Another great way to seek the desired reversal is helping an unemployment law judge reach the conclusion that a second or subsequent phone conference is necessary. In other words, facts or evidence was missed and a second phone call would clarify an incomplete record.
Of course, a lot of workers and employees do not like this idea because they need their benefits immediately. I understand this need. As mentioned earlier which is worth repeating, a reconsideration for unemployment benefits is not a sprint.
This means slowing down. This means seeking a continuance if necessary. Also, this might require working through every piece of evidence at a snail’s pace.
Reconsideration: Types of Errors
Those seeking a reversal of a decision or a second phone call have greater success when their reconsideration:
- Outlines factual errors,
- Constitutional violations,
- Errors of law, statutes, and rules
- Procedural mistakes, and
- Evidentiary issues.
Of course, there are many others and every situation is different. For these reasons, Minnesota rule 268.105 is a great start to the unemployment appeal process.
How Can An Unemployment Lawyer Help?
Attorney Jasper Berg