Appeal unemployment articles and and information from an unemployment lawyer in Minnesota. Issues discussed include phone appeals, reconsiderations, appeals to Minnesota’s Court of Appeals, and appeals to Minnesota’s Supreme Court.
Should you appeal unemployment? Except for applicants with a professional license and or those accused of unemployment misrepresentation, this is usually an easy question.
If you need help addressing an appeal for unemployment benefits, you found the right place.
When this law office works with a person deciding whether they should appeal an unemployment claim, here is what I ask:
What is the worst thing that might occur?
Is there a government agency with a vested interest in the claim for benefits?
Is there a risk for getting one’s license suspended or terminated?
Is there a concern with being asked questions under oath?
Does a future job look hopeful?
Again, the answers to these types of questions are going to be specific and personal to the person seeking benefits.
Being Under Oath
Being under oath at an unemployment hearing carries significant legal and personal risks. When testify or offering evidence, all of the above questions come into play.
Any false statement, even if made unintentionally or out of confusion, can lead to serious consequences, including charges of perjury.
Unemployment law judges (ULJs) take sworn testimony seriously, and inconsistencies or misleading statements can undermine your credibility, potentially damaging the appeal and or other legal matters.
Unlike casual conversations or informal interviews, words during a hearing become part of the official record. They can be used as evidence not only in that proceeding but also in subsequent matters.
If you’re unprepared, nervous, or unaware of the specific legal issues at stake, you might say something that is interpreted unfavorably. Because of these risks, it’s crucial to prepare carefully.
Thus, work with your attorney, understand the facts of your case, and rehearse answering questions clearly and truthfully.
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.
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.
Being denied unemployment benefits in Minnesota means being ineligible for benefits. Usually, a person will find out about a denial by viewing their account online or by mail.
Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.
Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.
Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.
Wording Your Response to a Denial for Benefits
Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.
Whether you intend to submit evidence or introduce a witness;
Whether you are going to have an unemployment lawyer; and
Do you need an interpreter.
Employer Denied Unemployment
In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.
Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.
An appeal for unemployment benefits is a lot like spaghetti junction. Each twist and turn brings about something different. Stress can compound itself when poorly drafted responses and horribly misrepresented events are highlighted by employers.
In either case, help get your appeal back on track by exploring each the how and why.
Now, if you have been getting documents in the mail, put them off to the side after putting them in chronological order. If this in itself is confusing, I am referring to any and all letters sent out through Minnesota’s Department of Unemployment Insurance.
Next, compare your newly organized letters to the information found inside your online benefit account. Are their letter matching up with the issue identification number attached to your case?
Now, determine how many appeals are necessary. If none of this is is familiar, do not despair. I recognize the impact of stress, the need for benefits, and likely inexperience families have when responding to these types of legal issues.
The way out is pinpointing the Minnesota unemployment law that supports benefits, while hedging your appeal strategies with the opportunity to acquire benefits through other means.
Writing an Appeal for Unemployment
Before submitting a written response to the unemployment office, first address where you are in the appeal process. Here are a few examples:
A hidden opportunity as a result of a wage and salary statement,
An initial appeal to a denied claim,
A response to a phone decision,
A request for reconsideration,
An appeal statement to Minnesota’s Court of Appeals, and
A number of points in-between.
Every response and submission will pop up in the future, which is why you must realize how your response will fit in to the bigger picture. Thus, your written appeal depends on your starting point.
Unemployment Deadlines for an Appeal
Now that the foundation of an appeal has been set, lets address the next issue: appeal deadlines. Unemployment deadlines always run the show. When deadlines have come and gone, an appeal statement may need to address other issues, like timeliness and or a lack of notice.
On the other hand, if the deadline for the appeal for benefits is still in the future and before you can draft a response, please consider how the appeal will look. In other words, how the appeal gets perfected.
I very much dislike the need to use legal jargon, but it is important. If you are unfamiliar with “perfecting” an appeal, in general, this means the process of making sure the unemployment office receives notice that a decision or matter is being challenged.
Remember, there are may different types of appeals. And, just because your online benefit account seems easy and straight forward, never under estimate technology and the internet failing us when we need it the most.
Filing an Appeal for Benefits
The next step in analyzing unemployment appeals is determining how the appeal should get submitted. But wait, you still need help writing the perfect response. I get it. You are anxious, which is half the problem. Every detail matters and this needs to be thought through.
Again, appeals are filed and submitted differently based on where you are in the process. For example, an unemployment appeal to Minnesota’s Court of Appeals works through the Court Clerk. Appeals online should utilize links found within an online benefit account, while other types of appeals can only become perfected upon the filing of a fax or formal memorandum.
Again, content matters for every appeal. On the other hand, if the appeal cannot be traced, tracked, and proved, then you must ask yourself whether or not the Unemployment Office is going to be unforgiving down the road.
Unemployment Statement For Your Appeal
Your unemployment appeals statement matters. So much so, whatever the web has produced for you thus far, I am confident it was bad advice. In other words, what you are about to read is going to be different than what you expected.
The truth is, for those who have not spoken with an unemployment law judge, you are not ready to lock in a response, because you do not have the contents of their yellow envelope.
But wait, you need something specific because your online account is asking for it. Don’t fall for their trap. Sharing a reason for an unemployment appeal to early can cause significant problems down stream, whereas changing your tune after the fact can be just as troublesome. Instead, control the game and give yourself the best opportunity for success.
Reasons For Your Unemployment Appeal
Hopefully, there are all kinds of good reasons that you are eligible for benefits. Many of the reasons a person is eligible for benefits starts with something from Minnesota Statute 268.095. When matters and events fall in the gray, one can turn to legal precedent.
There is tremendous value in sorting through the storyline and obtaining help with determining what to say in an unemployment appeal and addressing the best time to say it.
If you need this kind of support, you found the right place.
How to appeal unemployment really depends on the person. Most often, this question come up when a person is trying to decide what to write as their appeal. Other people have problems accessing their online account and literally cannot figure out how to make it work.
Before contacting the Work Force Center, consider engaging an unemployment lawyer for help.
In Minnesota, there are three ways file an appeal for unemployment: online, mail, and fax. Because of the severity of a negative outcome, please treat this element of the process with respect.
An appeal for unemployment appeal should be viewed as a complicated legal procedure. That said, it isn’t because a person cannot do this on their own. Instead, it has more to do with protecting a person in favor of awarding benefits.
Appealing Unemployment Online
Deciding to appeal a claim online has advantages. Of course, there are disadvantages too. It really depends on the situation for the applicant.
How to Appeal Unemployment
A lot of times, how to appeal unemployment online is strange because many people have never done this before. What will the next screen say if you click here or there? Unfortunately, this is where seeking help might make sense.
When filing an online appeal, actions get triggered and the process moves onto other steps. If you have not made decisions about evidence, perhaps this should be considered first.
Unemployment Deadlines
Yes, there are deadlines for filing an unemployment appeal. In a perfect world, everybody would file their appeal before the statutory deadline. But. things happen and sometimes I need to explore and pinpoint legal reason why an unemployment appeal should be accepted after the deadline.
If a deadline is impacting how to appeal unemployment, consider seeking a professional opinion.
Unfortunately, the people answering the phone system at Minnesota’s Department of Employment and Economic Development (“DEED“) are not up to speed on the legal reasons for accepting an appeal after time has expired.
After You Appeal Unemployment
After you file an appeal, Minnesota DEED should schedule an evidentiary hearing in front of an unemployment law judge (ULJ). That said, the unemployment office looses things, forgets things, and sometimes fails to send out information by mail.
In any of these situations are you, thinking the situation will fix itself isn’t always the strongest position.
Snake oil is a medical term that means of little value. In other words, a treatment that offers little value is viewed as snake oil.
Likewise, I use the term snake oil when I hear unemployment appeal strategies unsupported by a sound legal rule or principal. Unfortunately, thinking we are right is snake oil. Pointing to a rule under Chapter 268 that supports a specific event is much more effective process.
Snake Oil: Unemployment Sources
Unfortunately, we can find many sources of unemployment snake oil. This includes spouses, siblings, friends, parents and former co-workers.
Look, most people in our life want the very bests for us. Sometimes, this means agreeing with an anecdote supported by love versus sound rules of law.
Snake Oil and Being Objective
Most folks who contact me about an unemployment issue are trying to figure out whether they have a case. I agree with this strategy. Determining whether a claim is valid or invalid means finding a rule that supports an event.
Sometimes, selecting a legal strategy is easy. Although it can be difficult to share with another person that Minnesota’s unemployment laws do not support a discharge, determining whether a person has other options, like finding another way to become eligible for benefits, brings me great satisfaction.
Thus, one of my many jobs is to offer objective advisement. Please avoid drinking snake oil and contact me directly.
UI identification numbers are a big deal when a person appeals their case. In my experience, there are three reasons why people fail with this issue:
They use the wrong id number,
People confuse the document number with the issue number, and
Applicants don’t realize they have more than one number for their case.
Thus, lets explore these problem areas one by one.
UI Identification Number: The Wrong Number
Anybody who has received more than one letter from the unemployment office on any given day can confuse their case number with something else. For one, the number is random. Second, very few people have experience with a claim for benefits.
Luckily, we can set the record straight by accessing the on-line account. Upon doing so and clicking around a bit, eventually a person will find a long number that looks like a social security number, but isn’t. Generally, this is what is called an issue identification number.
Now, the confusing part comes when applicants confuse a “document id number” on a letter they received with the actual issue number for their unemployment account.
** Do not confuse the document number with an issue id number **
UI identification Number: More than One Number
Here is another problem I see: applicants seeking benefits sometimes think they have one claim with one number. Unfortunately, this isn’t always the case.
The way I look at it is this: every time the unemployment office has a question about a person’s case, they will assign an identification number.
Sometimes, questions can appear related. For example, fraud and an overpayment issue. Or, an earnings issue with a discharge issue. Always look for more than one issue ID number.
Here is another surprise. Applicants can have dozens of issue identification numbers assigned to their benefit account. In this situation, managing records is even more critical.
So far so good, right? Just wait to see what I fear the most.
UI Identification Number: One of My Biggest Fears
My biggest fear for Applicants is the failure to appeal one or all of their unemployment issue identification numbers.
I have advised far to many people who have made errors in their appeal filing. For this reason, please be cautious and prudent.
Therefore, do not confuse the document number with an issue id number.
Unemployment office slow is going to take on a new meaning after you read about this. If you call Minnesota’s unemployment office directly, they will tell you otherwise, but my opinion still stands.
Unfortunately, slow can turn into lost. Thus, I wanted to address why or how a person can help their slow or lost appeal.
Unemployment Office Slow: Their Deadlines
Yes, every element of the appeal process has deadlines. From an applicant’s perspective, deadlines are strictly enforced. From the perspective of DEED, deadlines waiver. But, let’s be very real: I would rather see the process move along slow with the right decision versus a fast response with the wrong decision.
Thus, have faith that they will get it right.
Unemployment Office Slow: My Experiences
In my experience, I have seen the unemployment office blow right past the deadlines outlined under rule 268.105. In my early years, I recall waiting for one case nearly three months longer than it should have taken.
Now, I think the best strategy is to follow-up with the assigned judge and unemployment appeal’s office the second something doesn’t look right.
Unemployment Office Slow: What to Do?
In my experience, the type of appeal a person is experiencing will dictate how to proceed.
That said, the type of appeal most often impacted by a slow response or lost response is a Request for Reconsideration. I suggest doing two (2) things to combat a slow or lost reconsideration:
Contact the unemployment appeal hotline and confirm they received the filing, and
Send a letter to the Unemployment Law Judge assigned to the case and ask for confirmation that a decision is forthcoming.
Unemployment Office Slow: Don’t Do This
I know you need this benefit and bills cannot wait. Please, stay the course and do not give up. This means keep requesting benefits (assuming you meet the conditions).
Would you file a public unemployment appeal to fight a lie about being drunk at work?
Being drunk at work is a problem. Telling the whole world you were not drunk at work can be a bigger problem.
I believe every person seeking an unemployment appeal should consider alternatives to their eligibility for benefits before seeking a public unemployment appeal.
Types of unemployment appeals
Recently, an applicant seeking unemployment benefits filed a public appeal and made a mess by turning their case into public information.
In Minnesota, there are generally four types of unemployment appeals:
Phone appeal (Level 1),
Request for reconsideration (Level 2),
An appeal to the Minnesota Court of Appeals (Level 3), and
An appeal to the Minnesota Supreme Court (Level 4).
The rules governing an appeal for benefits include a rule called statute 268.105.
How a case turns into a public unemployment appeal
With very few exceptions, nearly every case filed with the Minnesota Court of Appeals or Minnesota Supreme Court will become public knowledge. For many, the fear of having their case “googled” when seeking future employment can be scary to think about.
That said, every case has the risk of becoming public because:
Applicants cannot control their former employer’s right to appeal,
Records can be subpoenaed by third parties, and
Applicants themselves induce a Level 3 or Level 4 appeal.
Fearful of a public unemployment appeal
Spending time being fearful of a public unemployment appeal is not necessarily time well spent because there are a number of situations workers or applicants trying to become eligible for unemployment cannot prevent.
On the other hand, knowing about the application process and eligibility alternatives can have a positive impact on a person’s success for acquiring benefits in Minnesota.
In my experience, knowing when or how to appeal a case can reduce fear, anxiety and factual issues calling for redaction.
Help preventing a public unemployment appeal
The bottom line is this – there is more than one way of becoming eligible for benefits in Minnesota and I prefer alternatives versus telling the world about a problem that could have remained private.
If you need help preventing an unemployment appeal or making a decision about a public case, please consider contacting me for help.
The process for an unemployment appeal Minnesota depends on where you are in the process. This law office defines the process for an unemployment appeal Minnesota in four parts or levels. Each level is different and is described below.
On the other hand, if you do not know where you are in this process described below, please consider seeking help immediately due to time restrictions imposed by Minnesota law.
Generally, a Level I appeal is conducted by phone.
Even though this type of appeal is conducted by phone, do not let this fool you. The Level I Phone Appeal is the most critical level because it impacts every level going forward. Also, if you do not raise a particular issue, Minnesota law supports the defense that your issue can never be raised again. Although there are legal reasons why this should not be true, this issue needs to be handled with caution.
Unemployment Appeal Minnesota – Level II: Request for Reconsideration
The second type of an Unemployment Appeal Minnesota is a process called a Request for Reconsideration. This law office refers to this type of an appeal as a Level II appeal.
This type of appeal is only allowed at the conclusion of a Level I appeal. Also, this process is generally available to the party who lost the Level I Phone Appeal. A Level II appeal is important because it is your last chance to reverse or file an unemployment appeal Minnesota before being required to seek a Level III appeal.
Because the next type of appeal can take a long time from start to finish, a Level II Request for Reconsideration can be an effective way to reverse your case, provided you meet the deadline imposed by Statute.
Unemployment Appeal Minnesota – Level III: Minnesota Court of Appeals
The third type of Unemployment Appeal Minnesota is an appeal to the Minnesota Court of Appeals. This type of appeal is not as expensive as you might think. Instead, it is the time that it takes for this element of the process to finish Clients find most surprising.
Generally, you should consider an attorney for a Level III appeal. First, an Employer or business is required to be represented by an attorney when heard by this Court. On the other hand, an Applicant can represent themselves Pro Se. However, if your arguments didn’t work in the past, consider having your case reviewed by a professional who has experience with unemployment issues before engaging in this element of the Unemployment Appeal Minnesota process.
The fourth type of Unemployment Appeal Minnesota is an appeal to the Minnesota Supreme Court. Generally, very few cases make it to this level. Because this law office has sought relief for unemployment claims to the Minnesota Supreme Court, this level should be viewed with care.
Generally, unemployment cases are rarely heard by the Minnesota Supreme Court because there is a court fee. Unlike Level III, an attorney is required when seeking an Unemployment Appeal Minnesota before the Minnesota Supreme Court.
Concluding Points about an Unemployment Appeal Minnesota
Regardless which level you are involved with, the rules that govern an unemployment appeal in Minnesota fall under Minnesota Chapter 268. Once the Department of Employment and Economic Development (“DEED”) collects answers to an on-line questionnaire filled out by an Applicant and an Employer, DEED will make a determination of whether or not the Applicant is eligible for unemployment benefits. Upon receiving notice of this determination, the losing party can being the appeal process.
Appeals for unemployment benefits in Minnesota are reviewed by unemployment law judges. Because unemployment law judges have the same powers as other Minnesota Judges, the process for an unemployment appeal should be approached with caution. This is because the Minnesota rules of evidence, Minnesota rules of general practice, and the Minnesota rules of civil procedure apply to an appeal for unemployment.
In Minnesota, filing an unemployment appeal is different for each Level described above. For this reason, an appeal for unemployment benefits should be viewed with care and fortitude.
Where to go for help with an Unemployment Appeal Minnesota?
If you need help with any level or related process described above, please contact this law office for help.
