Tag: Hearing Protocol

  • Phone Appeal Hearing: Tip #008

    Phone Appeal Hearing: Tip #008

    Your phone appeal can be successful when you know the type of records you can acquire before your unemployment hearing.

    Having a successful game plan for an unemployment appeal hearing is really important.  After filing an appeal, more questions will arise. For example, the unemployment office will probe on the reasoning for the job ending.

    Elementally, all applicants must weigh the type of evidence needed to win the hearing. The next unemployment tip is as follows:

    Unemployment Tip # 008 –  Before going into an unemployment phone appeal hearing ice cold, acquire copies of performance reviews, handbooks and anything else (like one’s entire personnel file). This can be accomplished by using Minnesota statute 181.961.”  

    In other words, applicants seeking benefits in Minnesota can obtain documents from their employment file. In fact, employers must abide by the request. This can be helpful, especially when combating a lie or misreported event.

    Other times, employees might consider using records to prove their eligibility and or establish credibility.

  • 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.
  • Translate Unemployment and a Different Language

    Translate Unemployment and a Different Language

    Applicants that speak and read a different language should always ask the unemployment office in Minnesota for a translator.

    Whether applicants are asking simple questions by phone, appealing benefits or filling out questionnaires, the same rule applies.  Ask for a translator.

    Different Language is Obscure?

    Different dialects?  Different tribes or regions?  Be specific.  I believe people should make the unemployment office adapt to their specific language or needs versus an applicant adapting to DEED’s availability.

    Translator Requests

    In my experience, requesting a translator or translation should always be in writing because Applicants need to generate a paper trail.  A paper trail showing a need or request for help is a great way to show support for due process.

    Translator gets Denied

    Generally, translating services through Minnesota’s unemployment office are free.

    On the other hand, asking a second person (like a family member or through a paid service) is an excellent strategy when applicants are unsure of the translator hired by the court.

  • Top 8 Unemployment Legal Objections

    Top 8 Unemployment Legal Objections

    Unemployment legal objections can come from people who are non-lawyers.  Legal objections specific to your unemployment claim apply in two areas:

    (1) Documents submitted by DEED or the other party

    (2) Questions asked by the other party

    Unemployment Legal Objections to documents

    The following is a list of common legal objections a person can make during their hearing if they do not agree with a document:

    • Objection Relevance
    • Objection Hearsay
    • Objection Foundation

    Unemployment Legal Objections to questions

    The following is a list of common unemployment legal objections a person can make during their hearing if they do not agree with a question:

    • Objection Hearsay
    • Objection Assumes Facts
    • Objection Misinterpretation
    • Objection Misquotes
    • Objection Unclear

    When to make Unemployment Legal objections

    A person representing themselves should consider making your legal objections as soon as they believe there is an issue.  In other words, do not wait.

    What happens after you make a legal objection?

    After a person makes a legal objection, the unemployment law judge will make a ruling.  This means the judge will decide whether your objection applies and if how it impacts your case going forward.

    What if you do not make a legal objection

    If a person does not make an objection, the issue of concern likely will become unrecoverable or may not be reviewed going forward.

    Help with other Unemployment Legal objections

    Please contact this law office if you need help with determining whether an unemployment legal objection is applicable.