Tag: Unemployment Evidence

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

  • What If Your Employer Lied at an Unemployment Hearing

    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.

  • What To Do When Denied Unemployment in Minnesota

    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.

  • Unemployment and Quitter Confidence

    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.

  • Requests for Information: Unemployment Tip #17

    Requests for Information from the unemployment office in Minnesota can feel repetitive. Minus a few exceptions, Applicants in Minnesota should rarely ignore duplicate requests for information. Here are a handful of thoughts and tips.

    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.

  • DEED’s Appeal Envelopes Are Yellow: Unemployment Tip #016

    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 (DEED) uses yellow envelopes to distribute evidence received or added to the ‘record’.   

    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.  

  • Subpoena Power For An Unemployment Appeal

    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.

  • Your Unemployment Closing Argument

    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.

  • Evidence for Unemployment: Tip #006

    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.”  

    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.

  • Medical Records for Unemployment: Unemployment Tip #002

    Medical records for unemployment seems like an odd combination, but it happens a lot. Continuing on with my new series for unemployment tips, I will address medical records.  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.

  • 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.

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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.

  • Sending Evidence to the MN Unemployment Fax Number is Risky

    Sending Evidence to the MN Unemployment Fax Number is Risky

    Minnesota’s unemployment fax number is 651-205-4007.

    For the reasons described below, this is the riskiest fax number I have ever come across.  

    It blows my mind how many people call me and say they faxed the unemployment office in Minnesota a bunch of documents, but their evidence was never received.

    Thus, here is what I have to say about faxing DEED in Minnesota.

    Unemployment Fax Number: Risk #1

    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:

    • Always send a hard copy in the mail to:

         Minnesota Department of Employment and Economic Development
         Attn: Judge _________
         PO Box 4629
         Saint Paul, MN 55101

    • An applicant should not feel comfortable their fax was received until they receive a copy of their fax by mail and their submission appears online within their account.

    Any person even slightly unsure should immediately send their submission a second time and follow-up with a phone call.

    Unemployment Fax Number: Risk # 2

    The second risk is failing to acknowledge a fax was submitted during a phone appeal hearing.  In other words, every applicant needs to be fighting tooth and nail to assure their judge has a copy of their submission.

    Unemployment Fax Number: Risk # 3

    The third risk is believing a fax receipt affirms the unemployment office in Minnesota received the submission.

    Never assume the unemployment office received your fax.  Again, any person even slightly unsure should immediately send their submission a second (or third) time and follow-up with a phone call.

    Unemployment Fax Number: Risk # 4

    Applicants sending evidence more than a couple of pages risk jamming up DEED’s fax machine or the fax ending early.

    I know this sounds crazy.  Again, in my experience, the fax number managed by the unemployment office has seen better days.

    In my experience, sending copies by mail is always encouraged.

    Unemployment Fax Number:  Tip #1

    I think the best time to send a fax to the unemployment office is late at night.  For one, you are less likely to experience a busy signal.  Second, longer submissions will generally get through without a problem.

    Of course, now that I am letting this secret out of the bag…the fax machines will come to a screeching halt.  For this reason, my number one tip might become obsolete.

  • Is Minnesota’s Preponderance of Evidence really a Thing?

    Is Minnesota’s Preponderance of Evidence really a Thing?

    The Minnesota preponderance of the evidence is a standard used by unemployment law judges to determine whether a person is approved or denied benefits.

    As a result, I encourage you to know this rule and standard inside and out.

    Is the Minnesota Unemployment Preponderance of Evidence easy to establish?

    At first glance, what is is considered for the Minnesota Unemployment Preponderance of Evidence might appear as a simple thing.

    If you prove the Minnesota preponderance of the evidence is stronger for you than the other party, you should win – right?

    Unfortunately, it isn’t necessarily as straight forward as it probably should be.

    What is the most important part about the Minnesota standard for the Preponderance of Evidence?

    It is the opinion of this law office that regardless the standard of proof, whether your case meets the definition for the Minnesota unemployment preponderance of evidence will take care of itself.

    Instead, this law office believes the most important standard is whether or not you are more credible than the other party.

    This means your “story” is more believable than the other person.  Credibility is shown with your attention to details and using documents to prove your process and why you made certain decisions.

    How is the Unemployment Preponderance of Evidence reviewed in Minnesota?

    I know what you are thinking:  the standard of proof for an unemployment claim isn’t credibility.

    In Minnesota, the standard of proof for an unemployment case is the Minnesota unemployment preponderance of the evidence standard.  So what gives?

    Who decides what establishes the Unemployment Preponderance of Evidence?

    Ultimately, unemployment claims are decided by people.  When you are before an unemployment law judge during a phone appeal hearing, the decision maker is applying a subjective standard.

    The standard is subjective because human nature plays a big part in determining whether you have successfully established the Minnesota unemployment preponderance of evidence standard.

    If you were the judge, would you apply you unconsciously apply your own experiences to whether a case was more believable than not?

    How does an Appeal affect the Unemployment Preponderance of Evidence?

    On the other hand, it is the opinion of this law office that an appeal to the Minnesota Court of Appeals is more objective.  This means decisions are based on conduct and perception external to the situation.

    Think about it – the Court of Appeals is not allowed to hear you one-on-one while an unemployment law judge has this power.

    Also, the Minnesota Court of Appeals reviews case transcripts versus dissecting the tone and reflections in your voice.

    For these reasons, unemployment cases heard by the Court of Appeals apply a more objective standard.

    Is the Preponderance of Evidence important?

    In summary, yes the Minnesota preponderance of the evidence standard is important.  That being said, this law office believes your “credibility” should be the focus and allow the standard of proof come together based on your ability to share your story.