Tag: Unemployment Eligibility

Learn about unemployment eligibility requirements, qualifications, and application tips. Stay informed with expert insights to help you secure the benefits you deserve

  • Unemployment Appeals in Minnesota

    Unemployment Appeals in Minnesota

    Unemployment appeals in Minnesota are strange. This is true because there are many different points in which an appeal becomes available.

    Knowing where you are in the appeal process is just as important as the other tips outlined below.


    Unemployment Lawyer

    Help with Unemployment Appeals

    in Minnesota

    An appeal for unemployment benefits is a lot like spaghetti junction. Each twist and turn brings about something different. Stress can compound itself when poorly drafted responses and horribly misrepresented events are highlighted by employers.

    In either case, help get your appeal back on track by exploring each the how and why.

    Now, if you have been getting documents in the mail, put them off to the side after putting them in chronological order. If this in itself is confusing, I am referring to any and all letters sent out through Minnesota’s Department of Unemployment Insurance.

    Next, compare your newly organized letters to the information found inside your online benefit account. Are their letter matching up with the issue identification number attached to your case?

    Now, determine how many appeals are necessary. If none of this is is familiar, do not despair. I recognize the impact of stress, the need for benefits, and likely inexperience families have when responding to these types of legal issues.

    The way out is pinpointing the Minnesota unemployment law that supports benefits, while hedging your appeal strategies with the opportunity to acquire benefits through other means.

    Before submitting a written response to the unemployment office, first address where you are in the appeal process. Here are a few examples:

    • A hidden opportunity as a result of a wage and salary statement,
    • An initial appeal to a denied claim,
    • A response to a phone decision,
    • A request for reconsideration,
    • An appeal statement to Minnesota’s Court of Appeals, and
    • A number of points in-between.

    Every response and submission will pop up in the future, which is why you must realize how your response will fit in to the bigger picture. Thus, your written appeal depends on your starting point.

    Now that the foundation of an appeal has been set, lets address the next issue: appeal deadlines. Unemployment deadlines always run the show. When deadlines have come and gone, an appeal statement may need to address other issues, like timeliness and or a lack of notice.

    On the other hand, if the deadline for the appeal for benefits is still in the future and before you can draft a response, please consider how the appeal will look. In other words, how the appeal gets perfected.

    I very much dislike the need to use legal jargon, but it is important. If you are unfamiliar with “perfecting” an appeal, in general, this means the process of making sure the unemployment office receives notice that a decision or matter is being challenged.

    Remember, there are may different types of appeals. And, just because your online benefit account seems easy and straight forward, never under estimate technology and the internet failing us when we need it the most.

    The next step in analyzing unemployment appeals is determining how the appeal should get submitted. But wait, you still need help writing the perfect response. I get it. You are anxious, which is half the problem. Every detail matters and this needs to be thought through.

    Again, appeals are filed and submitted differently based on where you are in the process. For example, an unemployment appeal to Minnesota’s Court of Appeals works through the Court Clerk. Appeals online should utilize links found within an online benefit account, while other types of appeals can only become perfected upon the filing of a fax or formal memorandum.

    Again, content matters for every appeal. On the other hand, if the appeal cannot be traced, tracked, and proved, then you must ask yourself whether or not the Unemployment Office is going to be unforgiving down the road.

    Your unemployment appeals statement matters. So much so, whatever the web has produced for you thus far, I am confident it was bad advice. In other words, what you are about to read is going to be different than what you expected.

    The truth is, for those who have not spoken with an unemployment law judge, you are not ready to lock in a response, because you do not have the contents of their yellow envelope.

    But wait, you need something specific because your online account is asking for it. Don’t fall for their trap. Sharing a reason for an unemployment appeal to early can cause significant problems down stream, whereas changing your tune after the fact can be just as troublesome. Instead, control the game and give yourself the best opportunity for success.

    Hopefully, there are all kinds of good reasons that you are eligible for benefits. Many of the reasons a person is eligible for benefits starts with something from Minnesota Statute 268.095. When matters and events fall in the gray, one can turn to legal precedent.

    There is tremendous value in sorting through the storyline and obtaining help with determining what to say in an unemployment appeal and addressing the best time to say it.

    If you need this kind of support, you found the right place.



  • Submitting Job Applications to Remain Eligible for Unemployment

    Submitting Job Applications to Remain Eligible for Unemployment

    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.

  • Telecommute and Unemployment in Minnesota

    Telecommute and Unemployment in Minnesota

    Telecommute and unemployment in Minnesota is a new concept and  undeveloped from a case law perspective.  In Minnesota, a person who telecommutes has the same rights as a worker in an office.

    Thus, do not fear if you thought your role as a telecommuter affected your unemployment rights for MN.

    Telecommute and Unemployment in Minnesota Laws

    First, Minnesota unemployment laws do not define who is or who is not considered a telecommuter.  Instead, the legal issue that impacts most telecommuters stems from wages and hours.

    In other words, there isn’t a specific law exclusive to workers who telecommuted and are seeking unemployment benefits.  A person who was classified as a remote worker or a telecommuter should review their eligibility as if their classification was not important.

    On the other hand, if you were discharged from your job because of an issue specific to your classification as a telecommuter, then this is where the game will change.  Being discharged because you were a telecommuter versus being discharged for an incident specific to your classification are two different issues.

    Can you collect unemployment in Minnesota after being a telecommuter?

    Absolutely – the fact you were a telecommuter does not automatically make you ineligible for unemployment benefits.

    Likewise, the fact you were a telecommuter does not automatically make you eligible for unemployment benefits either.

    What problems might you face if you combine Telecommute and unemployment in Minnesota?

    The biggest problem this law office sees with workers trying to collect unemployment benefits after they telecommuted is reviewing which state they are eligible for benefits.

    This law office represents applicants exclusive to Minnesota.  That said, sometimes DEED tries to persuade or push applicants to another State.  This isn’t necessarily always correct.

    First, Minnesota law says a person who applies for unemployment benefits in a different state is automatically ineligible for unemployment in Minnesota.  Second, benefits in Minnesota are likely higher than any other state.

    If you need help with your claim, please contact an unemployment lawyer for help.

  • 7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    There are seven rules for Minnesota Unemployment Eligibility.  Yes, there are many other rules and guidelines an applicant should consider, but 7 big ones at a minimum.

    Before taking on the unemployment office, consider the following.

    First, Bad News About Minnesota Unemployment Eligibility

    Bad news first, right? The unemployment office looks at eligibility issues on a week by week basis. This means a person eligible today might not be eligible in a week.

    In other words, a person trying to collect unemployment can get denied in any given week.

    On the other hand, being ineligible this week might mean you can become eligible next week.  Thus, take these 7 rules seriously.

    Good News About Minnesota Unemployment Eligibility

    Minnesota has one of the highest levels of benefits. For some people, applicants can receive nearly $775 dollars per week for a total of nearly $20,000 over a 26 week period.

    Even though lower paying jobs offer less in benefits, it is nice to know that many Minnesotans can keep a roof over their head and food in the fridge upon obtaining benefits.

    Knowing this, let me introduce 7 rules I believe are critical.

    7 Rules for Minnesota Unemployment Eligibility

    Okay, here are the first seven rules every applicant seeking or trying to collect unemployment should consider:

    1. Minnesota rules and statutes are not the same. To start your research, consider Minnesota statute 268.085.
    2. Except for those in special programs like CLIMB, applicants are required to seek suitable employment.
    3. Unemployment audits are always a possibility
    4. The unemployment office has different rules for quitting versus getting fired.
    5. There are lots of ways unemployment benefits can get delayed.
    6. Independent contractors run into problems.
    7. Unemployed workers seeking out employment agencies sometimes run into problems too.

    Other Unemployment Issues

    Absolutely, there are going to be a number of additional issues every applicant should be concerned with. However, they are going to be case by case. After all, each claim is different because each claim started with a different employer and boss.

    Nonetheless, I recommend to each applicant considering benefits to know how or why they are eligible for benefits before filling out their application for benefits.

    Next, every worker or applicant should read Minnesota statute 268.095 and ask themselves how it applies to their own situation.

    Then, I believe every applicant trying to help themselves with Minnesota unemployment eligibility should determine whether there is more than one way for them to become eligible for benefits.