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Tag: Unemployment Laws

Unemployment laws govern the eligibility, benefits, and protections available to individuals who lose their job through no fault of their own. This tag covers key topics such as federal and state unemployment insurance, eligibility requirements, the application process, and legal rights for both employees and employers. Explore expert insights and up-to-date information on how unemployment laws impact workers, ensure fair compensation, and provide security during times of job loss.

Do You Know the First rule for Unemployment?
The first rule for unemployment benefits in Minnesota is record keeping. Wait, you don’t expect an appeal or denial for benefits, right? Whether this is accurate or not, nobody can stop an audit or appeal made by an employer.

Thus, the first rule specific to eligibility for benefits in MN is the opportunity to create your own record for the discovery stage of an unemployment appeal.

Record Keeping 101: First Unemployment Rule

In my experience, there are two places an applicant can find records important to their claim or audit:
- At work
- At home.
Sometimes, getting evidence from work is difficult (but not impossible). For this reason, I love the idea of creating a log at home which includes:
- Fresh notes from the events that led to a discharge,
- Hours spent looking for a new job,
- Jobs and careers that were pursued.
Records at Work

Sometimes, folks will contact me needing help with an employer who lies. Other times, applicants seeking benefits in Minnesota need help tracking down an important e-mail or personal improvement plan.

Luckily, Applicants can use the rules for a subpoena to their advantage. Other times, Minnesota’s statutes on employment records and one’s right to obtain such records are even more significant support during the unemployment process.

Records at Home: Fresh Notes

I know most people think they will never forget the events that led to their job ending. However, my experience suggests otherwise. It is very natural for details to fall to the wayside.

As a result, take 15 minutes and type-up details like time of day, co-workers and their job title and or what you were working on at the time of the event.

Records at Home: Hours Spent Looking for a Job

Ten years ago, it might have taken 10-15 hours of cold calling just to find a reasonable opportunity. Now, we can set up instant notifications at nearly every job board and announcement on social media. (By the way, did you check out the social media links and follow my feeds?) If not, please check them out.

Anyways, my point is this: keep track of your records. Efficiency is not a curse. But, tending to your garden wile your phone is in your pocket likely is not a job search activity.

Thus, keep your eye on the prize.

Records at Home: Job Applications and Resumes

It is easy to log and track jobs sought because we can keep copies of resumes very easily. Between screen grabs and the snipping tool on your computer, every online job submission should be easily obtainable.

Not to mention, you are going to need this information as you follow-up with a phone call, e-mail, etc. No, this is not a lost art and I think it is very important for applicants focused on a new job.

First Rule for Unemployment in Minnesota

I know the information identified above seems trivial. As an unemployment lawyer, I see way to many appeals that might have been more successful had applicants kept better records.

Of course, I believe there are other ways too improve a case, when applicants have problems with their claim. Nonetheless, stay positive and I look forward to meeting with you if you see the need.
May 1, 2017
Unemployment Laws in MN Everybody Forgets
Unemployment laws are not something people set out to read for fun. In fact, I would guess most people have never read the statutes that impact most appeals in Minnesota.

That said, why would you? In all seriousness, appealing benefits in MN is an unusual process. Minus seasonal workers, most folks ever imagine being confronted with unemployment let alone an appeal.

Thus, I am going to use this brief opportunity to identify a handful of unemployment laws in Minnesota that a lot of my Clients forgot about before I advised them otherwise.

Unemployment Laws: Where Are They?

The first thing everybody needs to know is ignorance of the law is rarely a good strategy to win an appeal. As you can see for yourself, the one person who can get away with not knowing the rules are cops.

If your job is not related to law enforcement, then perhaps the next step is finding and reviewing Chapter 268.

Unemployment Laws: Rules of Importance

I agree, reading unemployment statutes can be a daunting task. As a result, I encourage starting with:
- Eligibility Rules
- Quitting / Employment Misconduct Rules
- Rules about Evidence
- Appeal Rights
If the task of knowing where to begin is daunting, I like the idea of taking a deep breath. Nearly everybody I meet with feels this same stress. In my experience, employees can overcome unemployment stress by pinpointing the laws that apply to their specific situation.

Unemployment Laws: Bad News

Unfortunately, there is a little bit of bad news that needs to be identified as well: unemployment rules in Minnesota are further defined by cases.

In other words, the muddiness of the law often get appealed by people who believe they are in the right. Luckily, all of us can use these cases to our advantage to help diagnosis the likelihood of being successful.

Unemployment Laws: Good News

The good news is everybody gets an opportunity to show why they are right. In case you are new to the legal process of unemployment benefits, cases get reviewed by people called judges.

Hopefully and with specific planning, applicants can use unemployment laws to their advantage.
March 20, 2017
Unemployment Rules in MN Are Not All the Same
Because unemployment rules are not the same as unemployment statues, I encourage applicants to know about both.

As I have referenced in other posts, seeking eligibility is not a hopeless process. Yes, it can be frustrating, but only for the people who do not know the rules.

I believe every worker and employee in MN can use these rules to their advantage.

Unemployment Rules in Minnesota

Rules for unemployment are found here. In my experience, people working at the workforce center have absolutely no concept how these rules work.

Every unemployed worker in Minnesota trying to prove or show eligibility should know these rules inside and out.

If an applicant spends time reviewing the rules, they will ind very concrete information about:
- Rescheduling a hearing,
- Evidence,
- Witnesses,
- Subpoenas, and
- What happens at unemployment hearing.
Unemployment Statutes in Minnesota

When I meet with a person, I use the term law interchangeably with unemployment rules and statutes.

In Minnesota, an applicant can find statutes here.

If a worker or employee reviews these rules in whole, they will find help with:
- Definitions of commonly used terms (like employment misconduct or wages),
- When benefits are paid, and
- How to appeal an unemployment case.
When do Unemployment Rules in MN apply?

The rules for unemployment always apply. Assuming otherwise can be a mistake. Likewise, statutes impact every appeal too.

Really, there is rarely a situation when both rules and statutes are not in play.

More help with Unemployment Rules in Minnesota

Any worker or applicant trying to conduct their own research should consider visiting a law library and utilize WestLaw.com.

Most law libraries in Minnesota allow patrons (non lawyers) to access free legal research tools. In my experience, an employee trying to access unemployment rules and statutes can use free resources to determine if a rule has a legal precedent.
October 2, 2016
268.095 Minnesota Law Ends Unemployment
Introduction to MN Statute 268.095

268.095 Minnesota law applies to unemployment claims and appeals. Unfortunately, this unemployment law can cause lots of problems for applicants.

Unemployment Help

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In general, the Minn. Stat. 268.095 impacts whether or not a person is eligible for benefits.

Assuming this law pops up, every worker appealing their case should print and read this Minnesota unemployment law over and over, until they feel comfortable with their intended goal.

Video Discussion UI MN Statute 268.095

MN Stat. 268.095

Three Types of Claims for 268.095

This MN statute is divided into many subdivisions and sections. In my experience, there are three types of claims:
- Workers who quit their job,
- Employees who are fired, and
- People who believe both laws apply.
Unemployment Quit

For workers who know that they quit, subdivisions (1), (2) and (3) may apply.

Unemployment Discharge

For workers who know they were fired or discharged, subdivisions (4), (5), (6) and (6a) of Minnesota statute 268.095 may apply.

That said, applicants must be well adverse for all three issues, just in case the issue is raised by a former employer or addressed by the unemployment law judge.

MN Unemployment Quit Laws

Yes, there are many ways for an employee to quit their job and acquire unemployment benefits in Minnesota.

Compare a “good reason” with other legal cases. If this isn’t possible, consider the following research tool: WestLaw.com.

Termination and Discharge Laws for 268.095

Employees accused of employment misconduct are different and utilize a different section of the law.

The term employment misconduct in Minnesota is going to be fact specific. In other words, I believe nearly every case is different because it will involve:
- A different manager or supervisor or boss,
- A different customer,
- A job specific policy or procedure, and
- Utilize a job history generally specific to each worker.
Like I mentioned above, utilizing research tools mentioned above may help clarify your situation or goals.

Employment Misconduct and MN Statute 268.095

Employment misconduct is another significant element of this section of Minnesota law.

In general, there are a handful of arguments that employers utilize. This includes intentional acts, duties, and indifferent conduct.

Luckily, there are far more opportunities for a worker or employee. That said, the first issue is always determining how a job ended and for what reasons.

Changes to MN Statute 268.095

Over the years, Minnesota statute 268.095 has changed many times. In fact, this law office estimates this specific rule or law has changed more than sixty (60) different times since its original enactment in the year 1927.

Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.

Other Impacts to Minnesota Statute 268.095

The biggest factors when trying to win a case where this law applies is applying a strong legal precedent.

Legal precedent is the hundreds and thousands of cases that provide examples of what is considered a good reason to quit or employment misconduct.
September 6, 2016
Minnesota Unemployment Laws

Minnesota Unemployment laws are everywhere and they don’t seem to end. Of course, there are statutes. There are case laws. There are rules, guidelines, and everything in-between. What you can’t find within the law is firsthand experience.

If you are looking for the perfect rule or the exact law for your situation, consider starting with the facts. Then, start issue spotting.

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Where Can You Find UI Rules?

Minnesota unemployment laws are provided under Minnesota Chapter 268 and Minnesota Rules 3300-4370. Even more importantly, these statutes and rules are re-defined through a process called a legal precedent.

Again, experience matters. Turning to your neighbor, co-worker, friend, or spouse is not.

Court Cases with Minnesota Laws

A legal precedent means a Court of Law reviewed or applied a rule based on a specific fact pattern. In theory, when a specific fact pattern is duplicated, a legal precedent suggests that a decision should be decided like it has in the past. Thus, Minnesota unemployment rules are re-defined through a legal precedent.

Regardless whether you are an Applicant or an Employer, these rules have an impact on Minnesota unemployment and the process as a whole.

Which Courts Review Unemployment Cases?

Generally, any court having jurisdiction can review a case and apply the law. This includes the Minnesota Court of Appeals and the Minnesota Supreme Court. On the other hand, most District Courts and Administrative Courts (like worker compensation) do not have jurisdiction. Instead, we turn to the administrative process managed by DEED.

Because unemployment claims are reviewed by an Unemployment Law Judge, Minnesota’ s District Courts rarely reviews claims for eligibility.

Are Minnesota Unemployment Laws Complicated?

Yes, Minnesota unemployment laws are complicated because rules cross apply from three areas: Minnesota Chapter 268, Minnesota Rules 3300-4370, and through a standard reviewed referred earlier as legal precedent.

Do Unemployment Laws Change?

Yes, Minnesota unemployment laws change all the time, which is why not every case law is applicable. For example, about ten years ago, there was a fancy unemployment rule called the “Hot Head Doctrine”. Basically, it was a rule that applied in moments of anger. Well, that rule has changed drastically over the years. Some good and some bad.

Now, add laws from the Covid Pandemic and or the financial crisis of 2007, and what you will find is that the rules and statutes governing unemployment claims is more different today than ever before.

How Often are Mistakes Made with Minnesota Unemployment Laws?

It is the experience of this law office that mistakes happen all the time. Unfortunatley, most applicants are unaware of the mistake until they are awarded bad news.

Generally, mistakes are made upon advise given by workforce centers, friends who claim they have been through the “system” and mistakes are made at all levels of the unemployment appeal process.

Because mistakes are made on a regular occurrence, Applicants and Employers seek unemployment appeals.

Questions about Minnesota Unemployment Laws

First, stop comparing Minnesota rules to other states. Our appeal system is very different than our border states. Second, stop listening to lay people. Family members are great for support versus legal advice.

April 10, 2014
Unemployment Rights in Minnesota?

What are your unemployment rights in Minnesota? This is a popular question asked by those seeking help with their application for benefits or a denied claim. Thus, from the very beginning, meaning starting with your initial application and your weekly request thereafter, pretend you will be denied and take nothing for granted.

That said, you certainly have rights, which include but are certainly NOT limited to only the rights talked about below.

Instead, the intent of this article is to explore Minnesota law 268.192 which is titled “protection of rights” versus talking about the countless rules applicable to a typical unemployment claim.

Waive Unemployment Benefits

First, Minnesota law states a worker cannot “waive” or “release” a claim for benefits. This means any agreement you sign that suggests you are waiving your right to unemployment benefits is an unenforceable agreement. BUT WAIT, THIS DOESN’T MEAN YOU SHOULDN’T BE VERY CAUTIOUS!

If you are asked to sign a contract or employment agreement, please go out of your way and have it reviewed by a lawyer. Although it is true you cannot waive your right to unemployment in Minnesota, certainly agreeing that a specific event occurred or took place can harm if not prevent you from collecting unemployment.

Thus, the moral of the story is be very careful what you are signing. Just because you cannot technically waive your right to unemployment benefits, does not mean you cannot harm your ability to collect benefits by signing something you shouldn’t. On the other hand, if you already signed something, take a deep breath and contact a lawyer such that your specific situation can be reviewed.

Employer Agrees they will Not Contest Unemployment

Second, your unemployment rights in Minnesota, under rule 268.192, state an employer cannot bargain with you or give you something in exchange of not contesting your claim for benefits.

This right is complicated, but it can be summarized as follows. An agreement between you and your employer which says something like “if you quit, we will not contest your unemployment” or “if you withdraw your appeal, we will say you should get unemployment” doesn’t fly in Minnesota. In other words, if your employer says they will not contest your right to unemployment benefits, doing so will have no impact on whether you do or do not collect unemployment.

Do you have MN Unemployment Rights?

Yes, you have rights when you are seeking benefits in Minnesota but you do not have an exclusive right to unemployment just because your employer says you will get benefits once you apply. The only party or entity that can tell you whole heartily that you will receive unemployment benefits is the Unemployment Office.

Sometimes this occurs immediately after filing for benefits and sometimes a person needs to appeal their rights. None the less, never believe your employer if they suggest your right to unemployment will be guaranteed upon ending your employment and never sign a piece of paper that suggests this.

Therefore, if you are trying to determine what rights you have as you appeal or apply for unemployment benefits in Minnesota, please consider contacting an unemployment lawyer for help.

November 14, 2013