Tag: 268.035

268.035

  • Appealing Noncovered Employment

    Appealing Noncovered Employment

    Noncovered employment is a fancy unemployment term used to deny claims for benefits. In Minnesota, auditors and employers use this term to claim a person with a certain job is automatically denied benefits.

    This type of denial should be appealed. But, most employers will try and fight this type of claim because loosing means that their taxes will go up.

    As a result, applicants or workers must be cautious before offer evidence, in case it inadvertently supports a noncovered classification.


    Unemployment Lawyer

    Unemployment Help


    Minnesota has a simple rule:  anybody who tries to collect unemployment benefits in Minnesota after having a job classified as “noncovered employment” looses. The opposite of this is a classification called covered employment.

    When I meet with people who are working through this type of matter, they are often unfamiliar with the various Minnesota laws that make a distinction.  For this reason, study Minnesota statute 268.035. As you will see, Minnesota unemployment laws are dependent on worker classifications.

    Your job classification cannot be dependent on an unemployment law. Instead, you can help yourself by defining your job duties and responsibilities. This is important for every worker defending their job status.

    Unfortunately, applicants appealing cases like this unfamiliar with the types of acts that are most relevant. This is due to the failure of knowing the job duties that impact the claim.

    Acquiring benefits is critical to the process of reducing stress so a person can focus on their job search.   Fighting an evil HR person about noncovered employment is a matter that you must take on with supporting evidence.

    When I strategies with a Client, I like to help them pinpoint the following:

    • Job duties;
    • Past job postings supporting job duties;
    • Comparing job classifications to other internal workers;
    • Asking auditors for feedback on other classified workers;
    • Organization charts;
    • Handbooks; and
    • Determining which Job Level was the decision maker.

    Of course, every job and employer is different.  Disproving negative evidence is the key.

  • Minnesota Law 268 Help

    Minnesota Law 268 Help

    Minnesota Law 268 applies to workers and employees who quit and or get fired. Sometimes, people do not know which category they fall into.

    This law office offers advisement the rules and laws under Minnesota Section 268.


    Unemployment Lawyer

    Help with Minnesota Law 268


    Every situation is different, and there can be a lot of confusion, especially if something your former employer said doesn’t feel right.

    Minnesota law 268 is a chapter of rules that impact appeals for UI benefits. Many people find out about this chapter upon getting a letter in the mail.

    Whether the letter makes reference to MN Statute 268.095, 268.035, 268.085, or any other rule, finding a solution starts with identifying the issue.

    When a person quits a job and seeks unemployment benefits, they are asked to compare their reason to other “good reasons”. In other words, case law.

    Cases involving employees accused of employment misconduct require a different legal analysis.

    The term employment misconduct in Minnesota is fact specific.  In other words, every case is different because employers have different policies, guidelines, and expectations.

    Utilizing research tools mentioned above may help clarify your situation or goals.

    Employment Misconduct is any intentional or negligent conduct that demonstrates a disregard for the employer’s interests or that is a violation of the employer’s reasonable expectations. This doesn’t mean much unless you are comparing this to other situations and cases.

    For this type of analysis, there are thousands of Minnesota cases are explain misconduct issues.

    MN Stat. 268.095

    Minnesota Statute 268.095 is important because it helps and hurts applicants seeking benefits.

    Likewise, other unemployment laws provide important safeguards for individuals who have been wrongly disqualified. Being ineligible for benefits is an appealable. i

    Minnesota law 268 has changed many times.  In fact, this law has changed more than sixty (60) different times since its original enactment in  the year 1927.

    Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.



  • My Unemployment Base Period in MN was Wrong

    My Unemployment Base Period in MN was Wrong

    What is your unemployment Base Period in MN and what does it mean?

    An Unemployment Base Period is used to calculate how much in benefits a person will receive on a weekly basis.

    Basically, DEED (the unemployment office in Minnesota) reviews the last four completed calendar quarters of wages.  The more money a person made in the last 4 quarters, the more in benefits a person will be eligible for.

    Because the statute is so darn complicated, DEED gets these types of calculations wrong.  Also, employers fail at reporting wages and indirectly cause problems for applicants seeking benefits.

    Thus, appealing an unemployment base period error can be worth it.

    Unemployment Base Period:  Pinpoint Reasons

    In my practice, I see employees focus way to much time on their base period when instead, they should focus on their appeal for eligibility.

    Other times, I see people overwhelmed with appeal issues and completely forget about the wages impacting their benefits.

    So you know, an Unemployment Base Period in MN can change for a number of reasons.  Some of the most common reasons include commission schedules, injuries, and leaves of absences.

    Calculate Your Base Period

    In Minnesota, here is the most common method for determining a base period.

    • If you become unemployed between February 1 and March 31, the Unemployment Base Period is January 1 through December 31 
    • (of the previous year).
    • If you become unemployed between May 1 and June 30, the base period is April 1 through March 31.
    • If you become unemployed between August 1 and September 30, the Unemployment Base Period in MN is July 1 through June 30.
    • If you become unemployed between November 1 and December 31, the Unemployment Base Period in MN is October 1 through September 30.

    UI Base Period Final Thoughts

    As you can see, this issue is extremely tricky and bares certain risks that may inadvertently initiate an audit or instigate an appeal.

    Again, check out Minnesota statute 268.035 and be very prudent with the exchange of paperwork or evidence, because DEED and employers make mistakes.

    I wish you the very best.