Learn everything about unemployment audits, including what triggers them, how to prepare, required documentation, and tips to navigate the process successfully.
An unemployment audit in Minnesota is really any question asked by the unemployment office. Unfortunately, every question can introduce other problems and traps.
Because questions from auditors and Minnesota DEED may turn into a bigger legal matter or appeal, take their audit review process seriously.
An unemployment audit is initiated through the Minnesota Department of Employment and Economic Development (“DEED”). For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.
Biggest risk from an Unemployment Audit in Minnesota?
The biggest risks of an audit includes monetary penalties, being accused of misrepresentation or a crime, and kickstarting an audit from another government agency.
UI Audits or unemployment audits are on the rise. An audit through Minnesota’s unemployment office looks different to every person. This is true because every person has a different fact pattern or claim for benefits. For some, an audit starts with an on-line questionnaire. For others, an audit starts as a phone call or email. Unfortunately, many do not connect the dots until the appeal stage.
The Pandemic has not been easy for anybody. For those seeking benefits, this is already a known fact. To make matters worse, applicants can spend hours or days calling the unemployment office, only to get disconnected. I share this frustration.
Right or wrong, the unemployment office is following their same pattern they took in the year 2007/2008. Presently, I am seeing trends that are turning from eligibility to a re-review of benefits that date back to early 2020. Again, audits are on the rise.
What makes 2021 and 2022 cases different from the past, is the the fact the unemployment office is following a new set of rules that are poorly vetted by auditors and others. The new rules I am referring too, are those that apply to benefits under the PUA program or Pandemic Unemployment Assistance.
Taking this into consideration, because every audit looks different, each person impacted by this process should consider a strategy specific to their own situation.
UI Audits or unemployment audits are on the rise. An audit through Minnesota’s unemployment office looks different to every person. This is true because every person has a different fact pattern or claim for benefits. For some, an audit starts with an on-line questionnaire. For others, an audit starts as a phone call or email. Unfortunately, many do not connect the dots until the appeal stage.
The Pandemic has not been easy for anybody. For those seeking benefits, this is already a known fact. To make matters worse, applicants can spend hours or days calling the unemployment office, only to get disconnected. I share this frustration.
Right or wrong, the unemployment office is following their same pattern they took in the year 2007/2008. Presently, I am seeing trends that are turning from eligibility to a re-review of benefits that date back to early 2020. Again, audits are on the rise.
What makes 2021 and 2022 cases different from the past, is the the fact the unemployment office is following a new set of rules that are poorly vetted by auditors and others. The new rules I am referring too, are those that apply to benefits under the PUA program or Pandemic Unemployment Assistance.
Taking this into consideration, because every audit looks different, each person impacted by this process should consider a strategy specific to their own situation.
One’s job search and unemployment go hand-in-hand. People who have or are collecting unemployment benefits can reduce risk by doing the following. Today’s tip is about asking applicants in Minnesota whether they are doing everything they can to protect their benefits from an audit.
This is my 15th unemployment tip in a running series I hope offers value to unemployed workers. Because I am very empathic to unemployed employees conducting their job searches and due to this process having an impact on benefits, I wanted to make 15 suggestions based on feedback from my Clients.
Very likely, you have never seen an outline quite like this, with the intent of reducing a DEED audit. Nonetheless, I hope these help:
Unemployment Tip # 015 –Record keeping should be a priority during a job search. Any person who has requested or received unemployment benefits is vulnerable to an audit. If you don’t have a written record, start by writing down everything you remember. I would rather see an Applicant try to recall a situation versus an auditor making assumptions that are untrue.
In no particular oder, here are my 15 bonus tips:
#15 Twitter and Your Job Search
After getting unemployment benefits, the next step is finding a job. Job searches today are different from this same process some 5-10 years ago. Twitter is a great resource for job opportunities. If you are hesitant with creating a public profile, create a dummy profile with the intent of using it to “find” jobs. When looking, consider hashtags like:
#job
#jobsearch
#careers
#jobs
#jobposts
#Hiring
#14 Visit Small Businesses
In my experience working with “small” businesses, finding employees and workers is unique. As a result, try visiting them in-person and asking if they have opportunities available. Do not be afraid of being dressed for the part you want. Of course, if the answer is no, do not leave empty-handed. Start collecting business cards from anybody and everybody.
**I am told from my unemployed clients that this tactic has produced the best results.
#13 Trick Big Business
As you already have found out, big businesses are different. Their job submission process is different. Sometimes, big companies make applicants answer questions in addition to submitting a resume.
Luckily, you are smart enough in your job search that you see value in creating a bogus profile and working through the submission process with the intent of acquiring their job questions such that you have time to think, write, and submit rock solid answers.
#12 Job Search with Facebook Dark Posts
Is there a company you are trying to get in front of, but are striking out? Think like an advertiser and connect with employees of a business who have hiring power. Next, send them to your LinkedIn account. How? By using a Dark Post. Most folks are skeptical that their job search process will improve by using a dark post. See for yourself how this might help:
#11 Cross Reference Job Posts
Searching for a job through an on-line website makes sense. But, as soon as you nail down a job that you want to seek, consider visiting the job / career link for the company you are interested in.
hen, determine if they have an additional job submission process. Also, try to determine if they’re posting is current or outdated. The punch line: a lot of good information can be found by cross referencing job boards. This in turn will improve your job search process and reduce your unemployment anxiety.
#10 Resume Updates
For some jobs, a resume is not needed. For those who depend on their resume, please keep it updated. If you need help updating your resume, check out a resume writing service like ResumePlant. No, I have no affiliation with them.
Of course, there are many others out there. For a couple hundred dollars, you can turn a year 2005 resume into an updated resume.
#09 College and Vocational Sites
Just because you haven’t been to school in decades doesn’t mean the career counselor or job board at the school you last attended cannot assist with your process. Now is the time to reestablish that connection.
#08 Third-Party Organizations
I dislike job recruiters and temp agencies. I see a ridiculous number of unemployment appeals as a result of temp agencies. If this is a necessity for your job search process, be extremely cautious.
#07 Local Newspaper
Forget the online version. Instead, buy a Sunday paper and check out their job section. Just because other unemployed folks have suggested the newspaper business is dead doesn’t mean you cannot find something useful in their job section. Also, do not forget the local town newspapers too.
#06 Global Economy
The job market has changed. If you have a skill that is transferable on-line, by all means, do not be afraid of telecommuting.
#05 Don’t Hand Out Your Resume
Handing out resumes at a job fair is old school. You can be better and smarter at your job search process. Handing out a resume should not feel like handing in an assignment in school. Use your time to acquire business cards and asking questions for the type of jobs “they” need help with.
Then, follow-up and tailor your resume to match their needs.
#04 Hand Out Business Cards is a Job Search
Buy hundreds of business cards. Add your contact information. Because privacy is a big deal, limit your business card to your name, phone number and an e-mail address. Next, have this on your purse at all times. Then, hand them out to anybody you know and see.
#03 Volunteer To Improve Your Job Search
For goodness sakes, get out of the house once in a while. Being unemployed is depressing. Helping others tends to lift our spirits. Even if you are limited to a few hours, consider giving more and expecting less. This strategy is very effective in the long-run.
#02 Visit the Elderly
I know this is a strange thing to add to one’s job search process. But, you know somebody who is older than you. I promise, they would rather be young and in your shoes. For me, nothing is more beneficial to my work ethic than knowing I will die someday. Thus, visit the elderly as a reminder that one’s self that they have something others do not: time.
Job Search Tip #01 – Track Your Process
Finally, track your job search activities. In my law practice, the folks who can produce
Submitting job applications to remain eligible for unemployment benefits is an art.
A lot of unemployed workers fail at giving the right answers when audited on their resume submission process. Thus, I want to quickly address this issue.
Job Applications and Unemployment
As you can read under Statute 268.085, workers and employees are required to to seek suitable employment while unemployed.
On the other hand, this unemployment rule fails to identify a specific number. As a result, you have a very ambiguous rule. For those who have kept up, this is what I tell newly unemployed workers. The hard part about an unemployment audit is this: one never knows when or if it will come.
For this reason, I like the idea of logging hours specific to the job search process (looking, applying, following-up, networking, etc.) versus the actual job submission process. After all, careers and jobs are not alike.
On the other hand, this I know: the number of jobs applied for should never be zero (0). For how long though, that is a more significant question, which is why folks generally need advice for their specific situation.
Logs for Job Applications
For those still stuck on the logging process, lets keep it simple, but spot on. A common theme for those that I represent is replacing working hours with job searching. In other words, if an applicant worked 40 hours, then replace those same 40 hours [if possible] with the job search process (looking, applying, following-up, networking, etc.).
Job Applications and Unemployment Audits
As much as it pains me to say it, having an unemployment account audited is a real thing. In my experience, one of the heaviest areas focused on by auditors includes job applications. For this reason, I encourage all receipts of unemployment benefits (especially those in Minnesota) to keep their a folder on their computer exclusive to their job search process.
I agree, there is likely a lot of gray, which again, is an issue that is going to be situation specific.
Finally, for those wondering how long they should keep this type of information, I recommend one of my past posts on this very topic.
Traveling while unemployed becomes a bigger issue than it already is an when applicants in Minnesota get audited.
Now that spring break has come and gone, I am getting phone calls from MN applicants looking for advisement on the availability statute.
For those skipping spring break and moving directly into cabin season, remaining eligible for benefits in Minnesota can become cumbersome.
Traveling While Unemployed
Every successful case starts with detail. Unfortunately, most applicants trying to prove eligibility fail to take their audit seriously and incorrectly consider other eligibility rules.
Passing your eligible for unemployment test is hard because people filling out applications do not understand the questions. In my humble opinion, every worker should be eligible for unemployment if they can pass this first test:
I had a job,
My job ended,
I am unemployed, and
I am looking for a job day and night.
Eligible for Unemployment in Minnesota
Yes, Minnesota has a very specific set of conditions or tests that are used to weed out applicants. In fact, the actual law is called “eligibility conditions” and you can find it here.
Here is what the unemployment office in Minnesota looks for:
Did the person file an application,
The person is unemployed according to rule 268.035,
Yes, there are many people who do not know if they are unemployed and fail this part of the test. Generally, a person does not know if they are unemployed if:
Eligible for unemployment by seeking suitable employment
Yes, another condition or test a worker needs to satisfy to become eligible for unemployment is the process of seeking suitable employment.
Unfortunately, what is suitable employment and what is not suitable employment is equally challenging. Generally, most workers can pinpoint the type of work they have done in past. Looking for suitable employment usually means looking for a job similar to your career history.
Eligible for unemployment by being available for a job
Yes, the requirement of being available also prevents applicants from becoming eligible for unemployment.
Minnesota says a worker is available for a job if they are “ready, willing and able”. In other words, you can work by saying “yes, I will be there”. Again, a worker can fail this piece of the test if they are:
Injured,
On vacation,
Doing silly things to avoid their phone, e-mail or mail.
Eligible for unemployment and the workforce center
Unfortunately, there is not a specific standard who gets selected or required to seek assistance through Minnesota’s workforce center. Whether you are a high profile executive or struggling to make ends meet, I have seen fantastic results with Clients who go out of their way seek help. But, there is bad news too.
First, workers can get have their unemployment denied in Minnesota if they are forced to take classes and fail to attend.
Second, workers who tell their “story” or inquire about eligibility issues with staff members of the workforce center can get themselves into trouble too.
Help becoming or remaining eligible for unemployment
In my opinion, the issue above is way to significant to take lightly. If you need help or have questions, please contact me.
Yes, an Unemployment Audit Minnesota is authorized under Minnesota Statute 268.168. If you are a worker or employer, please contact this law office for help.
Biggest risk for an Unemployment Audit Minnesota?
The biggest risk associated with an Unemployment Audit Minnesota is the fact an audit can lead to severe monetary penalties and or initiate an audit from another government agency.
Yes, calling this law office for help is a lot easier than trying to make a self-assessment. None the less, consider the following issues.
For this one reason, this law office encourages applicants and employers to respond to an Unemployment Audit Minnesota with a high level of care.
What happens during an Unemployment Audit Minnesota?
The Commissioner for DEED has the power to audit, examine, or cause to be supplied or copied, any books, paychecks, bank accounts, account transfers, correspondence, papers, records, or memorandum that are relevant to unemployment claims in Minnesota.
Whether the books, correspondence, papers, records, or memorandum are the property of or in the possession of the employer, any person associated with the employer can be audited, including current and past employees or vendors.
What if you refuse an Unemployment Audit Minnesota?
An Employer who refuses to comply with an Unemployment Audit risks being penalized or fined. None the less, employers in Minnesota have rights.
An Applicant who refuses to comply with an Unemployment Audit risks an overpayment or worse penalties.
To avoid feeling uneasy or that sinking feeling, consider contacting this law office for a consultation.
Why do people and businesses get an Unemployment Audit Minnesota?
Normally, an Unemployment Audit starts with a complaint or an applicant seeking benefits. However, this is not necessarily true given Minnesota’s history with incorrectly paying unemployment claims.
In the year 2014, the State of Minnesota incorrectly paid out more than thirty-five million dollars ($35,000,000) in unemployment benefits.
Unemployment benefits are subsidized under three sources of revenue: (1) employer premiums, (2) taxes, (3) Federal bills. Because applicants and employers are part of this equation, the Minnesota unemployment office turn others to reduce the debt.
Impact or Outcome of an Unemployment Audit Minnesota:
An Unemployment Audit Minnesota can have a significant impact both financially and from a production and service standpoint. Also, claims can begin small and turn into bigger issues of concern.
For example, an Unemployment Audit Minnesota can inspire other issues through the Minnesota Department of Revenue, the Minnesota Department of Labor, and related agencies. For this one reason, respond to an audit with a higher level of care.
Also, penalties and fines may be assessed too.
Lawyer for Unemployment Audit Minnesota:
If you are looking for a Lawyer to represent your business during an Unemployment Audit Minnesota, please contact this law office by clicking HERE.
