Tag: Court of Appeals

  • How to Waive An Unemployment Court Fee

    How to Waive An Unemployment Court Fee

    The unemployment court fee in Minnesota is different for individuals and applicants, versus employers.

    When an individual makes an unemployment appeal to Minnesota’s Court of Appeals, the cost is waived under the Unemployment Court Fee rule. The court fee to make an appeal by an employer is $550.

    That said, there isn’t a court filing fee for either an applicant or an employer when the UI appeal is heard by phone or during a process called a request for reconsideration.

    Phone Hearing Court Costs

    There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. This rule is not based on income and true for employers and individuals alike.

    Reconsideration Court Fees

    In addition, there are no court filing fees for appeals called requests for reconsideration. Again, this is true for employers and individuals alike.

    Unemployment Court Fees for the Court of Appeals

    The filing fee is only paid when the employer is initiating the unemployment appeal. If an applicant files the appeal, the employer is asked to submit or attach a filing fee for their response to the matter.

    Of course, these types of expenses should be considered when deciding how to proceed. However, there are many other factors to consider, which may far more significant than court filing fees and service of process.

    Minnesota Supreme Court Fee for an Appeal

    When a party files an appeal through Minnesota’s Supreme Court, a filing fee of $550 is required.

    However, the Supreme Court in Minnesota is not compelled to hear or decide upon a case.

  • Public Information Gone Bad In An Unemployment Appeal

    Public Information Gone Bad In An Unemployment Appeal

    If you are unfamiliar with Minnesota rule 3310.2917, it suggests the following:  

    Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings”

    Public Information:  Bad Example

    Consider a case called Jezierski v. St. Mary’s/Duluth Clinic Health Sys. (Corp), No. A18-0104, 2018 Minn. App. Unpub. LEXIS 860 (Oct. 1, 2018).  

    As an attorney, I am constantly studying other cases.  It is very defeating when I see applicants, employees, and workers focused on winning versus making the right argument in favor of a claim.  

    When applicants file an unemployment appeal and a panel of judges offer their opinion, employees are at their mercy. In other words, their decision, is searchable.  This is true because there was an appeal to Minnesota’s second highest court.  And, employers are using public decisions to make longterm decisions.  

    If you put yourself in the employee’s shoes, would you have made a different decision about displaying public information?

    Winning vs. Appealing

    Presenting winning arguments and appealing to win are different.  This is even more true when a case has the potential of creating public information.  

    If you need help weighing the pros and cons of an appeal, then please consider reaching out for support.

  • Getting Copies of Your Unemployment Transcripts

    Getting Copies of Your Unemployment Transcripts

    Unemployment transcripts are extremely important because they help formulate an appeal.  For example, obtaining your transcript can help applicants:

    • Identify testimony,
    • Make reference to lies,
    • Support procedural errors.

    Thus, obtaining a transcript from an unemployment case is a process I believe every applicant should engage.

    Unemployment Transcripts:  Rule in Minnesota

    The rule for obtaining a transcript depends on the type of appeal an applicant is seeking.  Although not always the case, Minnesota rule 3310.2917 supports applicants in their process of obtaining copies, evidence and testimony from their hearing.

    Unfortunately, the unemployment office does not always agree.  For this reason, making reference to Minnesota’s constitution along with a more diligent approach can sometimes support a transcript request.

    Again though, the type of appeal (court of appeals versus a request for reconsideration) will dictate the process utilized for obtaining unemployment transcripts.

  • Minnesota’s Rule on Informal Brief for Unemployment

    Minnesota’s Rule on Informal Brief for Unemployment

    An informal brief for unemployment is stressful because most times, it is the first time a person has ever written an informal brief.

    Personally, I have written and advised countless applicants in Minnesota on this very issue.

    Thus, please allow me an opportunity to clear the air.

    Informal Brief for Unemployment – Most Important Piece

    In my opinion, the rules for an informal brief are second to the legal issues.  A legal issue is a topic or question reviewed by the Court.

    In many cases, if an applicant in Minnesota does not ask or present an issue, it might not get answered or reviewed.  As a result, making a list of questions is critical.  Then, I like the idea of adding or including these questions within a brief.  Again, I believe this is a critical part of an informal brief for unemployment benefits.

    Informal Brief for Unemployment – One of My Jobs

    One of my jobs when I advise applicants is helping them identify the issues or questions that need to be presented.  Here are a few examples:

    The issue is whether the applicant quit or was discharged for employment misconduct”

    or

    The issue is whether the unemployment law judge made an error of law”

    Of course, there are an infinite number of issues that can be raised.  Selecting or identifying the most important issues will help an applicant in Minnesota appealing their claim have the greatest level of success.

    What is Not an Issue for an Informal Brief?

    In my experience, a lot of people appealing their benefits make the mistake of focusing on non-legal issues, like facts.  Now, I am not talking about evidentiary issues.  Instead, I am talking about whether an event was portrayed as a fact.  Here are a few examples:

    The issue is whether I was late to work”

    or

    The issue is whether I talked to my manager”

    These are not issues generally reviewed by Minnesota’s Court of Appeals.  Of course, there are exceptions and every case is different.  In other words, please consider contacting me directly, because I think my experience can be a game changer.

    Otherwise, here are additional free resources to check out.