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.
Covered versus Noncovered Employment
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.
Noncovered Employment Legal Strategies
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.
Evidence for a Noncovered Job
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.