An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.
Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.
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What is the Goal for this type of Appeal?
There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.
- Goal 1: Reverse the Unemployment Decision;
- Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).
Before Filing A Reconsideration for Unemployment
In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.
Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.
Then, you can scrub the audio for legal and procedural errors.
What Does a Request for Reconsideration Look Like?
Both the Applicant and Employer can file a request for reconsideration. Filing this type of an appeal online limits you to a small box to write information in. As a result, it is hardly ideal to file a request for reconsideration on-line.
On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.
In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.
Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.
As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.
New Evidence for an Unemployment Reconsideration
Yes, every Applicant should consider whether the new evidence might change or help influence the Judge. As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:
(1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and
(2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.
New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed.
New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.
When Should an Unemployment Reconsideration be filed?
Time is not on your side. Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.
Ideally, consider seeking help before you file such that you do not waive certain rights.
Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.