Tag: Job Search

Workforce center advice about unemployment benefits in Minnesota is a bad idea.

In fact, I would estimate most of the folks that contact me are doing so because they received horrible advice.

Here are a few examples:

Tell your story to the judge and everything will work out…

Applicants do not need an attorney for their case…

If an applicant looses, they can always appeal…

Workforce Center Advice: Talking to an Unemployment Judge

It isn’t the process of talking to a judge that is problematic for an unemployment claim.  Instead, it’s what people decide to talk about that becomes the problem.

Talking with a judge is called testimony.  Being nervous can impact testimony.  Other times, I see applicants allowing the judge to lead them down a specific path versus having a clear goal or agenda.

As soon as a person knows what and why they are giving testimony, talking becomes testifying with a purpose.

Workforce Center Advice:  You Don’t Need an Attorney

Finding out that the workforce center advice that a worker received was wrong is maddening.  Not everybody needs an attorney every step of the way.  Luckily, an ounce of help can go a long ways.

I am a strong believer in advising workers on how to handle their unemployment case on their own merits versus assuming an attorney isn’t needed every step of the process.  Of course, there are situations that call for this type of attention, but not nearly as often most folks think.

Sometimes, knowing you have a weak case versus a strong case is valuable.  Also, I think people find relief when they hear about alternatives to a denied claim.

Workforce Center Advice:  Applicants can Always Appeal

Yes, workforce center advice claiming a person can appeal is right.  On the other hand, the workforce center often forgets to tell folks that adding or changing the “record” after a phone hearing is extremely difficult.

If a person fails at addressing issues of concern or fact during their phone hearing, they risk never having a valid opportunity to correct the deficiency going forward.  Of course there are exceptions, but the best time is during a phone conference with a judge.

Third shift jobs are about to start and I felt compelled to address this special group of unemployed workers.

Thus, if you work the 3rd shift, I hope this short outline helps.

Third Shift: Hourly Wage

First, it takes a special type of person to work the third 3rd shift.

In my experience, most workers in this category seek the 11-7 shift because they want a higher hourly wage.

Third Shift: Independently Motivated

Second, third shift workers are generally independently motivated employees.  I believe this because altering one’s sleep schedule and family life is all about sacrifice.

Third Shift: Unemployment Benefits

Third, unemployment benefits for a 3rd shift job are not the same as a day job because the definition of “suitable employment” applies differently.

Suitable employment is a term used by the unemployment office to help us determine which jobs we are required to apply for during the unemployment process.

The law that typically comes up in Minnesota is statute 268.085.  The rule reads as follows:

Subd. 15.Available for suitable employment defined.

(a) “Available for suitable employment” means an applicant is ready, willing, and able to accept suitable employment. The attachment to the work force must be genuine. An applicant may restrict availability to suitable employment, but there must be no other restrictions, either self-imposed or created by circumstances, temporary or permanent, that prevent accepting suitable employment.

(b) Unless the applicant is in reemployment assistance training, to be considered “available for suitable employment,” a student who has regularly scheduled classes must be willing to discontinue classes to accept suitable employment when:

(1) class attendance restricts the applicant from accepting suitable employment; and

(2) the applicant is unable to change the scheduled class or make other arrangements that excuse the applicant from attending class.

(c) An applicant who is absent from the labor market area for personal reasons, other than to search for work, is not “available for suitable employment.”

As you can tell, the term suitable employment is as clear as mud.  What is suitable employment or not suitable employment is different for every third shift worker.

In other words, employees are sometimes required to prove why seeking a subsequent third shift job is unnecessary going forward.

Because the unemployment office sometimes uses this rule against a worker accustomed to a 3rd shift, I encourage being attentive and using case law to support all claims.