Tag: 268.105

268.105

  • Help Your Unemployment Reconsideration In Minnesota

    Help Your Unemployment Reconsideration In Minnesota

    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.


    Unemployment Lawyer

    Help with Unemployment Reconsiderations


    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).

    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.

    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.

    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.

    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.




  • Frustrated With 2019 MN Statutes and Laws? 😠

    Looking for the new 2019 MN statutes and laws? Join the club. Finding a list of new rules on-line should not be hard. Unfortunately, it is very hard.

    In case you didn’t know, Minnesota recently updated the website used to share information about laws and rules. Although the new website looks great, it hasn’t been updated to account for 2019 changes to Minnesota law.

    Specific to the unemployed people, this is a huge problem. I say this because 2019 MN statutes may be impacted by of something called SF No. 2565 and H.F. No. 4254. In other words, these are bills proposed in 2018 by our Senate and House of Representatives and these bills will have a huge impact on unemployment laws and statutes in Minnesota.

    Again, I am forced to use the word “unfortunate” because these websites have not shared with the general public which laws are revised and new and what are not.

    New 2019 MN Laws: What Do You Do?

    As a practicing lawyer, I need to know the most updated laws and rules. As a result, I pay for a premium on-line service through WestLaw and Lexis. Given the cost of these services, it hardly makes sense for a non-lawyer to pay for this type of access.

    For folks unable to meet with an attorney, this means options are limited:

    • Blind Faith,
    • Checking Minnesota’s websites every hour on the hour,
    • Using Google Scholar,
    • Purchasing an on-line paid subscription to laws and statutes,
    • Relying on the media to report updates.

    On one hand, Google Scholar might be appear as a great alternative. I do not know the computer coding behind the site, but I would imagine it relies heavily on updates to Minnesota’s page for statutes and rules.

    Unemployment Law Changes in 2019

    Again, the changes to the unemployment laws in Minnesota are changing. This is especially true if the changes suggested under H.F. No. 4254 get adopted in whole.

    And, this will impact everybody trying to seek benefits in Minnesota. This is true because the rule changes impact the definitions section of statute 268.035 and Base Periods.

    Thus, I am in favor of being extra prudent from the application process and any appeal thereafter.