Subpoena power inside an unemployment claim is a real. Knowing how to use this power is just as important as following through.

A long time ago, a local law publication posted my work about issuing a subpoena for documents and a witness. Unfortunately, their article and my work is locked behind a paywall that prevents unemployed persons from accessing it.

So, here is an alternative.

Two Types of Unemployment Subpoenas

There are two types of subpoenas. They are not the same.

The first power is the opportunity to collect paper, documents, media, video, online files, etc. from the opposing party. This is called a subpoena duces tecum. The second power is when one side forces a witness to testify. Both processes can be used as evidence.

Applicants and Employers fail at utilizing this rule effectively because they didn’t apply all of the rule’s elements. For some, it feels like getting stuck in a spider’s web.  For others, getting stuck weakens their claim for benefits.

Reviewing Minnesota rule 3310.2914 is extremely important when trying to weigh good evidence and the issue at hand.

When Do You Apply this Power?

Really, this type of request or action can be requested anytime before or during a hearing. Requesting this after a hearing is extremely difficult, but not impossible.

A problem with requesting a subpoena is that one never knows what will be revealed. For example, imagine requesting a copy of a video that showed an error in judgement. But, everything you recalled suggested otherwise. Or, imagine asking for a copy of a personnel file that inadvertently produces a Personal Improvement Plan or Corrective Action Plan.

Therefore, managing this unemployment power is critical to the reason for the appeal.