Tag: Employment Misconduct

Employment misconduct is a legal term defined by law.  In addition to case law, this term is defined under MN Stat 268.095. In general, misconduct is defined as an intentional, negligent, or indifferent act.  Because this term is very broad, this term of art is further defined by nearly 4,000 legal cases.

  • Unemployment Appeals in Minnesota

    Unemployment Appeals in Minnesota

    Unemployment appeals in Minnesota are strange. This is true because there are many different points in which an appeal becomes available.

    Knowing where you are in the appeal process is just as important as the other tips outlined below.

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    Unemployment Appeals In General

    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.

  • Employment Misconduct in Minnesota Means Just About Anything

    Employment Misconduct in Minnesota Means Just About Anything

    Employment misconduct is a phrase used with unemployment benefits in Minnesota.  As you will see, it can mean just about anything. As a result, how events are described is a critical takeaway for applicants to consider.

    In my experience, workers, employees, managers and executives focus way to much energy on why they didn’t do anything wrong versus what they did right.   Focusing on what an applicant or employee did right is sometimes a very strong strategy when trying to win an appeal for benefits.

    Because misconduct in an employment setting is a phrase used by people who do not understand it, I prefer to focus on what isn’t employment misconduct.

    Even more importantly, there are 10 things that are not employment misconduct.  In other words, if a person in MN gets fired or discharged because their actions can be defined as so, then very likely, that same person is on the right track for benefits.

    Unfortunately, there are thousands of cases (or a legal precedent) that define this list of 10.  Knowing this list is important.  Knowing how Minnesota further defines this list is even more important.

    None the less, I want to introduce these ten things because they can help inspire a successful appeal for unemployment benefits.

    Employment Misconduct – The List of 10

    Here are the 10 things, in no particular order,  that are not considered employment misconduct:

    1. Medical or Mental health Issues
    2. Inadvertence
    3. Unsatisfactory Conduct
    4. Reasonableness
    5. Inability
    6. Good Faith
    7. Absence because of an Illness
    8. Absence because of a Family Member
    9. Chemical Dependency
    10. Domestic Abuse

    Fired Because of Medical issues

    Generally, a person who is fired from their job because their work was impacted by a medical or mental health issue can become eligible for unemployment benefits.

    Of course, every medical and mental health issue is not treated the same.  For this reason, this issue usually requires a nexus between the health issue and the event(s) that led up to the employee’s termination.

    Also, a lot of applicants incorrectly identify this issue and end up disqualifying themselves because their future work is impacted by a medical issue too.  Again, this is a complicated term.

    Inadvertence is Not Employment Misconduct

    The term inadvertence means something different to nearly every employer.  In my experience, the priority of expectations will usually be the number one contributing factor to a challenge due to inadvertence.

    As you might expect, an argument in favor of inadvertence isn’t the strongest approach, but it can work because the law supports it.

    Employment Misconduct in MN doesn’t include Unsatisfactory Work

    A lot of folks think work satisfaction is production based.  In other words, if I produce something and my employer doesn’t like it, I must have produced unsatisfactory work.

    Wrong.  Unsatisfactory work has nothing to do with production and everything to do with expectations.  This means a worker, employee, executive or whomever needs to identify an expectation and prove how it was exceeded.

    Unfortunately, a lot of applicants become frustrated when their employers lie about expectations.  For this reason, finding tangible evidence can become increasingly important.

    Acted Reasonable is Not Employment Misconduct

    I cringe when folks talk to me about reasonableness because they usually have no idea that acting reasonable requires specific examples of past interactions or supporting a specific thought process.

    Saying an event was reasonable usually doesn’t stick until the event is compared to past events or past experiences with other staff, customers, or situations.

    Nonetheless, showing why an action was done in a reasonable manner can have a very powerful outcome for folks appealing their unemployment benefits.

    Inability is Not Employment Misconduct

    Like I mentioned above, the term employment misconduct is defined by thousands of court cases.  In my experience, inability can mean a number of things:  lack of skill, lack of training, lack of understanding and work overload.

    Sometimes, applicants confuse inability with indifference or a lack of attention.  Nonetheless, this is one of the ten ways a person can prove why they should be eligible for benefits in Minnesota.

    Getting Fired When Acting in Good Faith

    Good faith and reasonableness have a lot in common.  If worker can outline a specific process and back it up with experience, expertise, knowledge or valid communications, then this issue becomes less complicated.

    On the other hand, acting in good faith while using poor judgment can create problems for applicants appealing their unemployment claim.

    Is Being Absent from Work, Employment Misconduct?

    The difference between being absent from work and abandoning one’s job is huge.  As you might expect, employers need to keep their business running.  When they cannot depend on a person or a person does not show up for work, employers are often left with little choice.

    But, just because an employer doesn’t have a choice, doesn’t mean a worker is automatically ineligible for unemployment.

    Instead, when employees can prove bad luck, acts of God or an event that the employee did not have control over, then folks have a promising case.

    But, communication is key.  Calling into work and sharing bad news, bad luck, etc. always looks good.  Certainly, I have seen plenty of people who have had such bad luck, they didn’t have access to a phone or cell phone.  Yes, even in modern times, people are unable to reach a phone.

    Fired for Drugs or Alcohol

    The employment misconduct rules in Minnesota are very supportive of folks with drug and alcohol issues.  Where drugs and alcohol turn into a problem for ineligible is when a worker is required to drive or use heavy equipment.  Again though, there are many legal theories around this too.

    Domestic Abuse is Not Employment Misconduct

    A long, long, time ago, I had a Client who was discharged because they were injured from a domestic abuse situation.  What made their case troublesome was the fact they were unwilling to talk about it openly and they were afraid to seek help from the police.

    In my experience, this is more often the rule than the exception.   Sometimes, workers can use the medical and mental health issue referenced above to assist their cause without risking their own safety.  Other times, this isn’t possible.

    For those needing help with this issue or any issue listed above, I like the idea of making sure a person is comfortable with the process before proceeding.

    Appealing Employment Misconduct

    Yes, seeking an appeal is worth the effort.  If you are appealing unemployment benefits after being told in a letter that the unemployment office thinks your actions were employment misconduct, please contact me directly.