Tag: subpoena

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.

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.