Tag: Unemployment Evidence

Unemployment evidence and legal insights, step-by-step guides on how to appeal an unemployment denial and secure your benefits successfully.

Minnesota’s Preponderance of Evidence Rule

The Minnesota preponderance of the evidence rule is the standard used by unemployment law judges when deciding the outcome of an appeal.

In fact, this evidence rule is so very important, judges describe the rule before taking testimony from applicants. As a result, knowing this rule and standard can help applicants when seeking benefits.

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What is the Unemployment Law on Preponderance of Evidence?

I am glad you asked. “Preponderance of the evidence” means evidence in support of a fact that is more convincing and has a greater probability of truth than the evidence opposing the fact.

As simple as this might look, it is actually quite complicated. I say this because unlike other types of court cases, hearsay is allowed.

On the other hand, if you recently appealed a case and saw a decision that referenced this legal term, consider seeking help.

September 6, 2025
3 Critical Pieces of Evidence to Prove a Negative

Prove a negative in an unemployment case by being your own expert, tracking down evidence, and being prepared to say things that matter.

If your former employer is saying bad things like negligence or employment misconduct, then now is a good time to entertain professional support.

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The legal process to prove a negative is hard, but not impossible.

Sometimes, applicants believe they need to defend against their claim or disprove employment misconduct. In my experience, this is the wrong strategy.

Instead, I prefer to see Applicants turn themselves into the expert. In other words, describing firsthand accounts as if recorded everything on video. Or, interpreting company policies to their advantage versus relying on a handbook.

Evidence Needed to Prove a Negative

All to often, Applicants disregard the value of their own personal testimony. But, talking isn’t the goal. Instead, saying critical things about the process, your expectations, and how the worker interpreted the actions of those around them can really offer significant value.

The unemployment standard is a preponderance of evidence. Paper is nice, but details are better.

Three pieces of evidence isn’t a tangible thing used to catch attention. Instead, it is a reference to elements of a story explained with critical detail.

Prove a Negative with Credibility

Credibility is important too. But credibility isn’t necessarily a trust thing, although trust is important too. Credibility is about detail and sharing why an applicant knows of or responded to an event on a specific day-in-time.

Sometimes, a person can help and support their goal of becoming eligible for benefits by making explicit references to time, dates and describing a situation in detail.

Again, paper and tangible evidence is the gold standard. On the other hand, gold is harder and harder to come by when employers misconstrue facts from fiction.

September 6, 2025
Before Sending Evidence By Fax to the MN Unemployment Fax Number
Minnesota’s unemployment fax number is 651-205-4007. Sending evidence or an appeal by fax is easy. Knowing which evidence to submit or how to file a timely appeal is another story.

Another relevant story regarding the UI fax number is the number of times an unemployment law judge will suggest that they never received a fax.

Whichever camp you fall into, keep your paper trail and use these tips to your advantage.

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Problems with the Unemployment Fax Number

In my experience, the unemployment office has the oldest and least efficient fax machine in the state of Minnesota. I will not bore you with stories, but I have plenty.

Because the number one risk is a fax that is never received, I encourage folks to do the following:
- An applicant should never feel comfortable that their fax was received until they receive a copy of their fax by mail with watermarks containing the word “Evidence” in the lower right hand corner of each page.
- Always send a tracked hard copy in the mail.
- Never allow an unemployment hearing continue without acknowledging the evidence or information submitted by fax.
September 6, 2025
What If Your Employer Lied at an Unemployment Hearing
If an employer lied at an unemployment hearing, immediately obtain copies of the audio from the hearing. If possible, organize evidence showing the lie. Of course, this isn’t always possible.

Then, outline the issue within more formal process called a request for reconsideration.

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Lies offered by the employer, whether from a boss, HR person, random witness, or some other witness usually shows up in three different ways:
- Within an exhibit before the hearing takes place,
- During the appeal hearing, and
- After the hearing.
Unfortunately, most applicants are hardly prepared. Even worse, when the lie occurs, the employee or applicant freeze up. This isn’t helpful either. So, a strategy needs to be developed before a hearing takes place.

Employer Lied Before the Hearing

Addressing pre-hearing issues is another story. Attacking a lie is different than presenting the truth using other testimony.

Nonetheless, consider acquiring copies of a personnel file before the phone hearing takes place. Other times, applicants can seek support from a witness and or make legal objectives.

Other times, the applicant might welcome the lie because it gives the former employee an opportunity to show credibility.

Unfortunately, taking time to weigh facts and propose the strongest strategy is out of scope for a short post like this.

Employer Lied During the Hearing

When an employer’s witness lies during the hearing, this is where a claimant sometimes locks up. First, the lie is sometimes surprising to hear.

Other times, the statement doesn’t sit right and causes panic. Or, the applicant begins to look through exhibits, while missing critical testimony needing a response.

Although there isn’t a perfect answer, there is an answer. Point to evidence and make objections. Otherwise, a better answer is the process of offering additional testimony or cross examining the employer.

Unemployment Lies After the Hearing

When an employer lied at an unemployment hearing and their statement is used in the decision, what really matters then is drafting a well constructed appeal. An appeal after a phone hearing is called a request for reconsideration.

Administrative Penalties if an Employer Lied at an Unemployment Hearing

Now, lets examine penalties. When an employer lies an an unemployment hearing, admin penalties are supported by rule 268.184.

Admin unemployment penalties are the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.

On the other hand, penalties could be even higher based on the status of the Workforce Development Fund.

Notification Penalties

Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.

Penalties under this rule could be even more significant. According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.

Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.

Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500. If the underpayment is more than $500, then that person is guilty of a felony.
April 23, 2025
What To Do When Denied Unemployment in Minnesota
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.

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After Being Denied Unemployment

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.

Instead, the goal is to perfect the opportunity to meet with an Unemployment Law Judge.

The button on the unemployment website asking you to file an appeal will introduce four questions:
- The reason for the appeal;
- 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.
March 29, 2025
Unemployment and Quitter Confidence

Quitter confidence impacts unemployment. For those unfamiliar with this term of art, quitter confidence is a term used to describe the level of confidence employees have in leaving their current job and finding a new one.

This is an important concept in the labor market, as it is closely related to the unemployment rate and can provide valuable insights into the dynamics of the job market.

When the unemployment rate is high, quitter confidence tends to be lower. This is because individuals may feel that there are limited job opportunities available and that it may be difficult to find new employment quickly. As a result, they may be less likely to quit their job and risk being unemployed for an extended period of time.

Conversely, when the unemployment rate is low, quitter confidence tends to be higher. This is because there are more job openings available, and individuals may feel more confident in their ability to find new employment quickly. As a result, they may be more likely to quit their job and seek out new opportunities.

The relationship between quitter confidence and the unemployment rate is complex and multifaceted.

While a low unemployment rate can lead to an increase in quitter confidence, there are other factors that can impact an individual’s decision to quit their job, such as job satisfaction, salary, and career prospects.

Job Market Impact

Quitter confidence can have a significant impact on the labor market, as it affects the number of individuals who are actively seeking employment and the overall turnover rate of the workforce. When quitter confidence is high, there may be a higher turnover rate, which can create job openings and opportunities for new job seekers.

On the other hand, when quitter confidence is low, there may be a decrease in the turnover rate, which can result in fewer job openings and less opportunity for new job seekers. This can lead to a stagnation in the labor market and a decrease in economic growth.

Furthermore, while high quitter confidence can lead to an increase in job turnover and create job openings, it can also lead to increased competition for available jobs and put pressure on employers to offer competitive salaries and benefits in order to attract and retain employees.

Understanding the relationship between quitter confidence and the unemployment rate is crucial for policymakers, economists, and employers, as it can provide insights into the dynamics of the labor market and inform decisions related to employment policies, job creation, and workforce development.

In conclusion, quitter confidence and the unemployment rate are closely related concepts that have a significant impact on the labor market.

By understanding this relationship and its various nuances, we can better understand the dynamics of the job market and make informed decisions to support economic growth and job creation.

April 11, 2023
Requests for Information: Unemployment Tip #17
Requests for Information from the unemployment office in Minnesota can feel repetitive. Like I was mentioning in Tip #001, this is an important topic.

Applicants in Minnesota should rarely ignore duplicate requests for information. Here are a handful of thoughts and tips.

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Repeat and Repeat

Always assume questions asked on-line or by mail will get repeated. For some, a new questionnaire can come days later. For others, DEED’s repetitive requests can come months later.

Requests for Information Will Keep Coming

Here is what happens. Claims for benefits begin by Applicants filing claims for benefits. Once submitted, Minnesota’s unemployment office will submit a similar questionnaire to the Applicant’s former employer. Assuming the former employer provides feedback, DEED will review the answers.

After DEED receives and reviews answers provided by the Employer, the unemployment office has the option to re-submit questions to the Applicant for further consideration or make a determination of coverage.

Unfortunately, Applicants are hardly provided with the details from the answers provided by their former employer. Instead, this will come down the road in yellow envelopes.

Nonetheless, the idea of keeping copies of questions and answers is to gage what was said in the past and to prevent contradiction.

Wrong Answers Given

Lots of Applicants believe they gave the wrong answer or feel like they contradicted themselves when asked to to respond to a request for information.

There are lots of reasons why Applicants feel this way. Here are just a few:
- They were under stress,
- Misunderstood questions,
- Memory lapse, and
- Lack of knowledge,
Sometimes, facts shared through this process can get clarified through the appeal process.
December 2, 2019
DEED’s Appeal Envelopes Are Yellow: Unemployment Tip #016
Appeal envelopes from the unemployment office are white with red letters. But, their yellow envelopes are even more significant.

Applicants are encouraged to watch their mailbox for yellow envelopes. Currently, Minnesota’s unemployment office, which is also called DEED, uses yellow to distribute evidence.

As I mentioned in other posts about evidence for a hearing, making sure you follow evidentiary rules is key.

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A lot of people contact this law office for the purpose of inquiring about when or how to receive documents from their employer. Parties (including the unemployment office) are required to follow strict rules about distributing exhibits. Exhibit is a fancy word for “evidence“. Basically, the process of submitting evidence needs to be fair.

Parties and applicants need to watch their mailbox for yellow envelopes.. To date, Minnesota’s unemployment office (DEED) uses yellow envelopes to distribute evidence received or added to the ‘record’.

When the unemployment office submits yellow envelopes, they generally contain exhibits. The process for exhibits and evidence is a constitutional issue. Thus, this is a big deal.

Lots of things are found within these described envelopes, including:
- Notices
- Application submissions,
- Subpoena requests (when done right), and
- Other pieces of evidence submitted for consideration.
Finding a post on-line that discusses appeal envelopes is strange. But, the key here is knowing that it is coming and what it contains. From here, an Applicant can make decisions on their legal strategies and whether or not they should raise other issues.
January 16, 2019
Subpoena Power For An Unemployment Appeal

Subpoena power inside an unemployment claim is a real. Knowing how to use this power is just as important as following through.

A long time ago, a local law publication posted my work about issuing a subpoena for documents and a witness. Unfortunately, their article and my work is locked behind a paywall that prevents unemployed persons from accessing it.

So, here is an alternative.

Two Types of Unemployment Subpoenas

There are two types of subpoenas. They are not the same.

The first power is the opportunity to collect paper, documents, media, video, online files, etc. from the opposing party. This is called a subpoena duces tecum. The second power is when one side forces a witness to testify. Both processes can be used as evidence.

Applicants and Employers fail at utilizing this rule effectively because they didn’t apply all of the rule’s elements. For some, it feels like getting stuck in a spider’s web. For others, getting stuck weakens their claim for benefits.

Reviewing Minnesota rule 3310.2914 is extremely important when trying to weigh good evidence and the issue at hand.

When Do You Apply this Power?

Really, this type of request or action can be requested anytime before or during a hearing. Requesting this after a hearing is extremely difficult, but not impossible.

A problem with requesting a subpoena is that one never knows what will be revealed. For example, imagine requesting a copy of a video that showed an error in judgement. But, everything you recalled suggested otherwise. Or, imagine asking for a copy of a personnel file that inadvertently produces a Personal Improvement Plan or Corrective Action Plan.

Therefore, managing this unemployment power is critical to the reason for the appeal.

August 7, 2018
Your Unemployment Closing Argument
The closing argument for an unemployment appeal hearing is supposed to be a summary of the laws and facts in support of a directed conclusion.

Unfortunately, a lot of applicants appealing benefits believe their closing argument is an opportunity to spit new information. This is false.

Unemployment Tip # 014 – Facts, whether in the form of testimony, documents, or otherwise needs to be shared with the unemployment law judge BEFORE the closing argument. If an ULJ asks an applicant to give a closing argument and the applicant has more to say or offer, people involved in a hearing are encouraged to beg and plead for an opportunity to present more evidence.”

Closing Argument: Begging and Pleading

It is stressful representing oneself pro se, but when doing so, applicants are not literally begging and pleading for an opportunity to offer more information prior to their final statement or argument.

From a practical perspective, it is as easy as asking for another opportunity to give testimony share evidence.

On the other hand, this opportunity comes near the end of a hearing. A lot of people are not able to recognize an opportunity to advocate on their own behalf. Whether this is due to stress, anxiety, or otherwise, the key issue is knowing what to look for as the final bell.

Elements of a Good Closing Argument

In my experience, I believe a good or even exceptional closing statement does the following:
- Identifies the issues being discussed,
- Makes note of specific unemployment laws,
- References legal cases to support a decision in the employee’s favor,
- Summaries the facts, and
- Is crystal clear on the appropriate conclusion.
In case it is not obvious, a closing argument does not need to be memorized. Certainly, having notes and practicing beforehand (like you did in your high school speech class) is a great way to iron out bugs. For those who do not prepare, this can make a good case look bad or a bad case look worse.

Thus, get everything important onto the record before the closing argument takes place.
June 21, 2018
Evidence for Unemployment: Tip #006
Evidence for unemployment can take on many different forms. For some, this means seeking a positive review, while others want copies of a video tape. That said, don’t underestimate the power of the spoken word.

Unemployment Tip # 006 – An Applicant’s testimony can sometime be more important than other forms of evidence, like a document, e-mail, etc. When faced with an appeal, verbalizing facts in a precise order can help Applicants win their appeal.”

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After pinpointing one’s own testimony, then start the process of collecting evidence. Perhaps this means making a decision about a subpoena. Either way, here are a few examples of evidence:
- An employee handbook,
- Job posters,
- History of other employees in a similar position,
- Positive performance reviews, etc.
Assuming evidentiary rules are followed correctly, when a person or employer submits evidence, the unemployment office will mark it with a watermark and return it to each party. Usually, this is done using a yellow envelope.

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August 14, 2017
Medical Records for Unemployment: Tip #002

Medical records for unemployment seems like an odd combination, but it happens a lot.

Medical records can create good issues and bad issues for applicants to address. Before randomily submitting medical notes because you feel like you have nothing to loose, consider seeking advisement first.

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When a medical issue impacts our job performance, likely, there are medical records.

Unfortunately, Applicants in Minnesota are often tricked into assuming forms used by the unemployment office are helpful. If they were, then I wouldn’t need to address this issue.

Physical and mental health records for unemployment appeals can impact employees who quit their job and those discharged for employment misconduct.

Unemployment Tip # 002 – If an Applicant’s health is an issue, always consider seeking a formal written opinion from a treating physician that incorporates language form the Minnesota unemployment statute.

It is never a bad idea to seek help. But, if your physical or mental health is even remotely related to your unemployment appeal, you owe it to yourself to find additional support.

July 18, 2017
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.

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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. Even better, they generally waive court fees too.

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.
July 10, 2017
Loosing Sleep Over Untimely Evidence
Untimely evidence is a term used by unemployment judges to suggest.

Basically, a claim stating you failed at submitting evidence on time means you cannot use it going forward.

In my experience, every applicant trying to collect unemployment benefits can defend against untimely evidence by understanding these rules:
- Exhibits
- Witnesses
- Continuances, and
- Subpoenas
Exhibits or untimely evidence in an appeal hearing?

When a person or business submits evidence correctly and before the time limit, they usually receive a copy in the mail with an exhibit number. In Minnesota, the exhibit number for an unemployment appeal will include a “watermark” in the lower right-hand corner of each piece of paper or document.

If a person did not receive a copy in the mail or their online account fails to mention their evidence, very likely the document submitted to support your unemployment claim never made it to the right person.

As of the date of this article, the unemployment rule identified HERE suggests documents or exhibits must be submitted to the unemployment law judge within five (5) calendar days.

Very likely, failing to submit evidence before the time identified in rule 3310.2911 will result in untimely evidence.

Untimely evidence for your witnesses

Any person trying to acquire a written statement from a potential witness will likely be impacted by the rules referenced above.

Luckily, an applicant trying to prove their claim for unemployment in Minnesota can combat a tardy witness or their unwillingness to help by seeking a subpoena.

On the other hand, failing to make this request as the rules support or allowing the unemployment office to affirm the witness is not needed might be detrimental to your case. Thus, this issue requires extreme caution.

Acquiring a continuance for untimely evidence

Absolutely, a person confronting an untimely evidence issue for an unemployment hearing in Minnesota can seek or ask for a continuance. A continuance means the case is delayed.

Yes, every person making this request needs to acknowledge it is only a request. In other words, the request can be denied.

Those seeking an unemployment appeal need to be prepared for having a continuance denied.

Untimely evidence is a big deal

Look, the rules for an unemployment hearing are strict. Yes, an unemployment law judge can deny untimely evidence if the evidence is not properly received.

Properly received evidence is outlined by Minnesota unemployment rule 3310.2922. Applicants believing the exclusion of evidence might impact their case should urgently seek help or become immediately familiar with the rules.

Need help with untimely evidence

Please contact me if you need help acquiring evidence, submitting evidence, proving evidence and working around untimely evidence issues.
April 19, 2016
The Worst Witness Selection Ever Made

Witness Selection for an upcoming unemployment hearing is a significant process. For one, you need them to show up. Second, you need them to tell the truth. Third and most importantly, you need them to help your case.

If you need help with witness selection, please contact this law office for help.

Witness selection is important

In my opinion, the number one reason why witness selection is important is because failing to seek or use a witness at during your hearing will likely be very difficult later on.

Make your witness show up

Yes, you can make your witness show up by seeking a subpoena.

Telling the truth

Yes, there is recourse or remedy when your employer’s witness selection turns into a lie. The most significant legal rule to support telling the truth are rules compelling an oath.

This law office prefers to engage a witness beforehand, ask them questions on their recollection of events and sometimes encourage applicants to seek an affidavit from their witness.

Will a witness help your case?

Look, it is better to have as many witnesses as you can to support your claim for unemployment benefits. Most applicants seeking unemployment benefits are trying to prove a case under rule 268.095. Yes, this rule can get murky and sometimes even ugly. There is nothing wrong with preparing to much.

What should you ask your witness?

Again, always talk with your witness before your hearing. This is true because you want to make sure they saw or interpreted your situation like you.

If you do not know or it is unclear whether your witness selection will be hostile, likely a person should second guess their value.

Help with witness selection?

If you need help selecting a witness or seeking, preparing a witness or acquiring a subpoena, please contact this law office for help.

March 1, 2016