Explore expert unemployment tips, including application guidance, eligibility insights, appeal strategies, and job search advice to help you navigate unemployment successfully.
MN Unemployment login problems look small, but they can have lasting impacts on a claim for benefits.
For example, being unable to request benefits through the DEED website can cause a person to loose hundreds of dollars. Other times, there are identify issues.
If you have an appeal and it is somehow linked to a problem with the a MN Unemployment Login, you found the right place.
Before logging into a benefit account, realize that every screen and question is designed by Minnesota’s Unemployment Insurance Office.
In other words, applications, questionnaires, and appeals must be scrutinized.
Proving Your Unemployment Identify
Proving your identify to the unemployment office is not as easy as it might appear. As I shared within Unemployment Tip #012, your online benefit account is important. Unfortunately, the unemployment office uses social security numbers to deceiver between accounts.
In my experience, the unemployment office can confuse accounts with other people. This in itself can be a reason to seek an appeal.
After Logging Into Your Unemployment Account
After logging into your account for the first time, the unemployment website will push you onto applications, questionnaires, and related links.
When applying for unemployment benefits, it is crucial to carefully read and understand every question on the application. Each question is designed to gather specific information that can impact your eligibility.
Misunderstanding or overlooking a question may lead to incorrect responses, which can result in a denial of benefits or delays in receiving them. More importantly, any discrepancies between your application and your statements during an appeal hearing can harm your credibility and weaken a claim.
Always assume questions asked on-line or by mail will get repeated. For some, a new questionnaire can come days later. For others, DEED’s repetitive requests can come months later.
Requests for Information Will Keep Coming
Here is what happens. Claims for benefits begin by Applicants filing claims for benefits. Once submitted, Minnesota’s unemployment office will submit a similar questionnaire to the Applicant’s former employer. Assuming the former employer provides feedback, DEED will review the answers.
After DEED receives and reviews answers provided by the Employer, the unemployment office has the option to re-submit questions to the Applicant for further consideration or make a determination of coverage.
Unfortunately, Applicants are hardly provided with the details from the answers provided by their former employer. Instead, this will come down the road in yellow envelopes.
Nonetheless, the idea of keeping copies of questions and answers is to gage what was said in the past and to prevent contradiction.
Wrong Answers Given
Lots of Applicants believe they gave the wrong answer or feel like they contradicted themselves when asked to to respond to a request for information.
There are lots of reasons why Applicants feel this way. Here are just a few:
They were under stress,
Misunderstood questions,
Memory lapse, and
Lack of knowledge,
Sometimes, facts shared through this process can get clarified through the appeal process.
Appeal envelopes from the unemployment office are white with red letters. But, their yellow envelopes are even more significant.
Applicants are encouraged to watch their mailbox for yellow envelopes. Currently, Minnesota’s unemployment office, which is also called DEED, uses yellow to distribute evidence.
As I mentioned in other posts about evidence for a hearing, making sure you follow evidentiary rules is key.
A lot of people contact this law office for the purpose of inquiring about when or how to receive documents from their employer. Parties (including the unemployment office) are required to follow strict rules about distributing exhibits. Exhibit is a fancy word for “evidence“. Basically, the process of submitting evidence needs to be fair.
Parties and applicants need to watch their mailbox for yellow envelopes.. To date, Minnesota’s unemployment office (DEED) uses yellow envelopes to distribute evidence received or added to the ‘record’.
When the unemployment office submits yellow envelopes, they generally contain exhibits. The process for exhibits and evidence is a constitutional issue. Thus, this is a big deal.
Lots of things are found within these described envelopes, including:
Other pieces of evidence submitted for consideration.
Finding a post on-line that discusses appeal envelopes is strange. But, the key here is knowing that it is coming and what it contains. From here, an Applicant can make decisions on their legal strategies and whether or not they should raise other issues.
EMACS is an online filing system for appeals to Minnesota’s Court of Appeals. Lawyers representing Applicants and Employers can appeal a claim using Minnesota’s online filing system, which you can find here.
Unemployment Tip # 015 – When an Applicant is unrepresented, an appeal can still get appealed the old-fashioned way. However, I predict this too will change. When in doubt, contact Minnesota’s Court of Appeals by phone or visit them in person at 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155. Of course, connecting with an attorney makes sense too”
EMACS Filing Fees
The good news about an EMACS appeal for unemployment benefits is the fact fees are still waived for applicants. We know this because of Minn. Stat. 268.105, subdivision 6, which reads as follows:
Subd. 6.Representation; fees. (a) In any proceeding under subdivision 1 or 2, an applicant or employer may be represented by any authorized representative. Except for services provided by an attorney-at-law, no person may charge an applicant a fee of any kind for advising, assisting, or representing an applicant in a hearing or on reconsideration. (b) An applicant may not be charged fees, costs, or disbursements of any kind in a proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the Supreme Court of Minnesota. (c) No attorney fees may be awarded against the department as a result of any proceedings under this section.
Thus, do not let this new system deter you from seeking help.
Because Minnesota has rules that support unemployment benefits for workers who quit their job, gathering evidence or documenting events or conversations can be extremely helpful. For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes.
That said, a lot of people are not able to gather or acquire documents prior to their job ending. Luckily, there are ways for unemployed workers to acquire evidence. In addition to subpoena power, an applicant in Minnesota can use Minnesota statute 181.961 to acquire a copy of a personnel file.
Unemployment Tip # 016 – Because Minnesota allows unemployment benefits for workers who quit their job, I like the idea of gathering evidence prior to quitting. For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes. Also, I like the idea of acquiring contact information from co-workers who might be able to assist down the road”
Exactly what is part of or excluded from a personnel file is really unknown until a copy is obtained. Usually, the types of documents within a “file” include:
Tax verification forms,
Job applications
Action Plans
Reprimands
Promotion Information
Even if a worker or employee believes they do not need a copy, asking for a copy is important. In terms of an unemployment appeal, demanding reasons why a work event wasn’t documented or included within a personnel file can offer probative value to an applicant’s claim for benefits.
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
The closing argument for an unemployment appeal hearing is supposed to be a summary of the laws and facts in support of a directed conclusion.
Unfortunately, a lot of applicants appealing benefits believe their closing argument is an opportunity to spit new information. This is false.
Unemployment Tip # 014 – Facts, whether in the form of testimony, documents, or otherwise needs to be shared with the unemployment law judge BEFORE the closing argument. If an ULJ asks an applicant to give a closing argument and the applicant has more to say or offer, people involved in a hearing are encouraged to beg and plead for an opportunity to present more evidence.”
Closing Argument: Begging and Pleading
It is stressful representing oneself pro se, but when doing so, applicants are not literally begging and pleading for an opportunity to offer more information prior to their final statement or argument.
From a practical perspective, it is as easy as asking for another opportunity to give testimony share evidence.
On the other hand, this opportunity comes near the end of a hearing. A lot of people are not able to recognize an opportunity to advocate on their own behalf. Whether this is due to stress, anxiety, or otherwise, the key issue is knowing what to look for as the final bell.
Elements of a Good Closing Argument
In my experience, I believe a good or even exceptional closing statement does the following:
References legal cases to support a decision in the employee’s favor,
Summaries the facts, and
Is crystal clear on the appropriate conclusion.
In case it is not obvious, a closing argument does not need to be memorized. Certainly, having notes and practicing beforehand (like you did in your high school speech class) is a great way to iron out bugs. For those who do not prepare, this can make a good case look bad or a bad case look worse.
Thus, get everything important onto the record before the closing argument takes place.
The process of seeking and appealing for benefits is stressful. Applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them.
Far too many applicants forget they have rights. Applicants needing help with stress or other mental health matters should consider seeking advisement.
For applicants trying to acquire medical documentation of anxiety, depression, or other impairments, re-scheduling a hearing can be a great option.
Applicants have rights regarding when and how their hearing will be scheduled. As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.
Unemployment Tip # 013 – I believe applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them. Far to many applicants forget they are allowed one opportunity to reschedule a phone call with a judge (assuming specific rules are followed). If meeting with a judge interferes with a family conflict, try to reschedule. If you work best after the lunch hour, reschedule. As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.”
Unemployment Stress
Other times, stress is far more significant than finding a different court date and time.
The financial burden of getting denied unemployment benefits can be revived by having a plan. Even better, an Applicant will have a game plan and a back-up plan.
Generally, a game plan is their legal strategy of acquiring benefits. After all, a boss and employer are unique to the Applicant. Verbalizing the storyline that led to a discharge requires careful planning.
Usually, a storyline starts with the date of a discharge and works backwards. Sometimes, this comes as a surprise because people like the idea of starting from the beginning, as if their first day of work and why they were hired.
Starting from the beginning when talking with a unemployment law judge generally makes the conference more stressful than it needs to be. Thus, reduce unemployment stress by creating a game plan designed to show why and how one is eligible for benefits.
An online benefit account can really have important pieces of information. That said, there are still a lot of people who are afraid to look at their account online or do not trust that their data is secure.
I agree, these are issues to consider. On the other hand, accessing an unemployment account online can reduce anxiety, stress, and surprises.
Unemployment Tip # 012 –Even if you call yourself computer illiterate, accessing your unemployment account online can reduce anxiety, stress, and surprises.“
Thus, using the online system isn’t a necessity, but it helps identify legal issues such that the Applicant knows what to expect.
Conducting unemployment research for an unemployment appeal is way more complicated than conducting a Google search.
Sure, doing a quick search online makes sense as a starting point, but the law or legal issue you are researching is going to take a little more work.
Unemployment Tip # 011 –Every Applicant conducting DIY legal research for an unemployment claim or appeal should put down their phone and go directly to Minnesota’s exclusive law library or their nearest County Law Library .”
Unemployment Research Starting Point
Unfortunately, there isn’t a strong public website that helps people conduct free unemployment research. Ideally, applicants, employees, workers, etc. are using one of three sites:
WestLaw
LexisNexis
FastCase
Even more disappointing, these resources cost money to utilize. Generally, this is an advantage of seeking help from a lawyer. Even more significant, doing legal research on “legal issues” only works when folks know what it is that they are researching. Generally, errors of law or constitutional issues tend to be a little more challenging for people to see as an issue.
Nonetheless, Do It Yourself legal research is not impossible, provided people are able to access the three legal websites referenced above.
Researching Unemployment Legal Issues
Identifying a specific legal issue is an art based on experience and education. Sometimes, the unemployment office will suggest an issue like eligibility or employment misconduct. Sometimes, reading the letters submitted by DEED can be very helpful in the process of catching garden-variety legal issues. Other times, this has the opposite effect and sends folks on a wild goose chase.
Thus, knowing this can be important.
Why You Should Care About Unemployment Research
In case it is not obvious, doing research during the unemployment appeal process is important because unemployed workers can use other cases to support their claim. For example, imagine finding a published case that matches one’s circumstances. Well, this would be very helpful to one’s claim.
As an alternative, imagine finding a similar case that weakened one’s claim for benefits. Knowing this would be just as significant so one did not duplicate legal arguments that have failed in the past.
Thus, legal research for your upcoming unemployment appeal is important.
A reconsideration for unemployment benefits is not a sprint. Unfortunately, Applicants seeking a reconsideration are missing out on big opportunities when they fail to address two possible conclusions or results.
Unemployment Tip # 010 –Every reconsideration for unemployment benefits should address at least two outcomes: (i) a reversal or (ii) a subsequent phone conference with a judge.
Reconsideration: Reversal
When an employee or worker looses a phone appeal, utilizing the rules outlined under Minnesota statute 268.105 becomes very significant.
Unfortunately, a lot of applicants filing their own appeals fail to tell the unemployment judge what the desired outcome should be or suggest alternatives.
In other words, if the case should be reversed, tell the judge why and how by pinpointing legal issues, identify the correct rule of law, and share facts to support a reversal.
Or, if another phone conference might be a way to fix legal errors and issues, say that too.
Reconsideration: Another Phone Call
Another great way to seek the desired reversal is helping an unemployment law judge reach the conclusion that a second or subsequent phone conference is necessary. In other words, facts or evidence was missed and a second phone call would clarify an incomplete record.
Of course, a lot of workers and employees do not like this idea because they need their benefits immediately. I understand this need. As mentioned earlier which is worth repeating, a reconsideration for unemployment benefits is not a sprint.
This means slowing down. This means seeking a continuance if necessary. Also, this might require working through every piece of evidence at a snail’s pace.
Reconsideration: Types of Errors
Those seeking a reversal of a decision or a second phone call have greater success when their reconsideration:
Of course, there are many others and every situation is different. For these reasons, Minnesota rule 268.105 is a great start to the unemployment appeal process.
Getting back pay while unemployed seems like a great thing, right? In Minnesota, paid back can have unintended negative consequences, specifically, as it relates to unemployment benefits.
Unfortunately, applicants can inadvertently agree or trigger “back pay” ramifications described under Minnesota statute 268.035.
If your job ended and you get a check, start asking questions. Never cash the check until you understand all of the ramifications.
This term is used in dozens of other unemployment laws too. For example, the laws for wages and delayed payments under statute 268.085.
As you can see, what is or is not backpay can become extremely confusing.
Unemployment Tip # 009 –Even if a worker or employee is no longer receiving unemployment benefits, the receipt of back pay can result in an appeal, audit or an overpayment“
What Do you Call the Payment?
What to call money received after a job ends is confusing. The storyline why or how money is granted is going to be unique to that specific person.
The harm in calling money “back pay” is the impact it will have on past and future unemployment benefits. Applicants who cash a check without considering the terms can get burned.
For example, the terms attached to a settlement agreements, worker compensation payout, or gift can be revised, such that the documents do not trigger future problems. This means taking the negotiation process seriously.
You Need the Money Really Bad
Every worker should be thrilled with the opportunity of acquiring additional money from their former employer. That isn’t the issue. Instead, the issue is what to call the money received.
When an employer or Minnesota DEED call the money back pay, problems can ensue. In other words, preventing an overpayment or arguing why the receipt of money didn’t trigger back pay laws is worth exploring.
Wages and unemployment benefits go hand-in-hand. The more money an employee earned, the more in unemployment benefits they can receive.
Sometimes, this is where workers who get a 1099 or those collecting tips get stuck fighting backpay issues.
That aside, here is the tip:
Unemployment Tip # 009 –Applicants should always be watching their mailbox for opportunities to appeal a wage determination, which does not necessarily appear online under an applicant’s benefit account”
In other words, after a worker or employee applies for benefits, likely they will receive a statement in the mail. Usually, the statement will show a breakdown of wages over the last four to five quarters.
If DEED’s statement is wrong, Applicants might need to consider the pros and cons of filing an appeal.
Your phone appeal can be successful when you know the type of records you can acquire before your unemployment hearing.
Having a successful game plan for an unemployment appeal hearing is really important. After filing an appeal, more questions will arise. For example, the unemployment office will probe on the reasoning for the job ending.
Elementally, all applicants must weigh the type of evidence needed to win the hearing. The next unemployment tip is as follows:
Unemployment Tip # 008 –Before going into an unemployment phone appeal hearing ice cold, acquire copies of performance reviews, handbooks and anything else (like one’s entire personnel file). This can be accomplished by using Minnesota statute 181.961.”
In other words, applicants seeking benefits in Minnesota can obtain documents from their employment file. In fact, employers must abide by the request. This can be helpful, especially when combating a lie or misreported event.
Other times, employees might consider using records to prove their eligibility and or establish credibility.
Recently, I have worked with a number of applicants trying their hand at being lucky. In other words, leaving their appeal up to chance. For this reason, I believe the unemployment tip referenced below is going to save people from making a bad choice.
Unemployment Tip # 007 – Being lucky versus good is a horrible strategy. Instead, assume the unemployment law judge is not looking out for the Applicant’s best interest and know which rule proves one’s eligibility.”
In other words, hoping an ULJ will pick the right law to grant benefits is a loosing strategy. Instead, focus on the strongest argument favoring benefits.
Evidence for unemployment can take on many different forms. For some, this means seeking a positive review, while others want copies of a video tape. That said, don’t underestimate the power of the spoken word.
Unemployment Tip # 006 –An Applicant’s testimony can sometime be more important than other forms of evidence, like a document, e-mail, etc. When faced with an appeal, verbalizing facts in a precise order can help Applicants win their appeal.”
After pinpointing one’s own testimony, then start the process of collecting evidence. Perhaps this means making a decision about a subpoena. Either way, here are a few examples of evidence:
Assuming evidentiary rules are followed correctly, when a person or employer submits evidence, the unemployment office will mark it with a watermark and return it to each party. Usually, this is done using a yellow envelope.
Quit or discharge is a confusing question. In fact, it isn’t even a question. Instead, it is a legal issue often addressed by an unemployment law judge.
Sometimes, workers and employees are confused whether they quit their job or were fired. Applicants should never argue they do not know whether they quit or were terminated. Instead, find the unemployment law that best supports eligibility.
Unemployment Tip # 005 –When the reason a job ended is an issue, Applicants should never argue that they do not know. Instead, find the unemployment law that best supports eligibility.”
Before selecting quit or discharge, know that every question is a trick question. Really though, employees seeking unemployment benefits can take their case under control by knowing which element of rule 268.095 applies to them and why.
Covered employment is a significant issue you didn’t know existed. The issue is whether your job was counted as “covered employment” or the opposite, “noncovered employment”.
Noncovered employment isn’t good for benefits isn’t good for benefits. This specific term means a person is not eligible for unemployment. Sometimes, employers will argue that a certain job was “noncovered employment” to avoid or reduce taxes.
Unemployment Tip # 004 –Applicants should always be prepared to make the argument that their job was covered employment.
Applicants who see this issue raised are using those working as a contract employee or as an independent contractor. Other jobs that run into problems are those aligned with the State of Minnesota.
Unfortunately, Applicants in Minnesota are often tricked into assuming it doesn’t matter. For those wishing to acquire benefits, it matters.
Continuing on with my new series for unemployment tips, let’s address the work force center. For some reason, newly unemployed workers want to spill their story with the workers and staff members assigned to the workforce center they happen to visit.
Unemployment Tip # 003 – Second guess all advice coming from the Work Force Center regarding an appeal or how to handle a claim.
The call center at DEED and the various workers at the work force center are the eyes and ears of those who deny claims. Hopefully, applicants do not find out the hard way.
So, before contacting the work force center for help, consider the ramifications of doing so.
An unemployment tip must have value. I decided to create a new series exclusive to unemployment tips.
If you are unemployed and reading my blog posts on a regular basis, I hope you find this helpful.
Thus, here is the first tip of many:
Unemployment Tip # 001 – Before applying for unemployment benefits, always ask which unemployment rule or rules can help you become or remain eligible for benefits.
For many people, Minnesota statute 268.095 is very impactful. Of course, there are many others. In the legal world, issue spotting is the name of the game.
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.
Being an unemployment loser is painful. I believe every worker deserves who quits or gets discharged deserves unemployment benefits.
Even more, I believe approaching an appeal requires diligence and preparing for a victory.
On the other hand, here is why I like the idea of thinking as a loser to help applicants be more successful.
Unemployment loser with your application
The first step in losing a claim is filling out an application for benefits as if you have no idea what the law is. Every successful applicant should respond to their unemployment application as if Minnesota wants to prevent them from collecting benefits.
There are two parties who want you to go away:
Your former employer, and
Minnesota.
Okay, perhaps I am being a little drastic with Minnesota’s unemployment process. However, let us not forget that THEY are the administer of benefits and have the power to prevent or stop future payments.
For this reason, I encourage all applicants to know and understand rule 268.095 before filling out their application.
Unemployment loser during your appeal hearing
The second step in losing a claim for unemployment benefits is assuming an appeal is not in the cards. In fact, earlier this week, a person told me they could not believe their approval for benefits turned into a denial of benefits.
Here is why: your former employer has a vested interest in whether you are successful. Even if Minnesota approves your benefits and an applicant receives a letter stating they are eligible, a former employer has the right to file an appeal.
Yes, an appeal hearing can be scary. Phone hearings are scary because most applicants have never experienced:
Talking to a judge,
Being asked questions by their former employer, or
Making references to evidence in support of their rights.
Regardless of a person’s level of experience, knowing the rules can greatly improve your process and mindset from an unemployment loser to an unemployment winner.
You are not an unemployment loser
I agree, using the term “unemployment loser” is very negative and I encourage every person seeking benefits to approach their application and appeal with purpose.
On the other hand, I also encourage applicants, former employees or workers to approach their benefit process as if others are waiting for them to make a mistake.
In other words, know why a question is being asked and try to familiarize yourself such that your responses are strong and supported by Minnesota unemployment laws.
Reduce stress and anxiety
Unemployment is stressful. Please contact me, and we can discuss ways to improve your claim for benefits.
Unemployment mail from the office in Minnesota is horrible. First, it never shows up. Second, it often gets lost. Third, their letters can sometimes bring bad news.
Now, imagine getting a letter in 6-8 years telling you that the once lost letter has reappeared. For this group of people, this can feel worse than falling of a bike.
Because I field a number of phone calls inquiring about their rights, I wanted to offer a public service announcement about unemployment mail: open it.
Unemployment Mail: What does it look like?
Whether your letters are small, large, thin or thick, most communications from Minnesota’s unemployment office comes in two forms:
White envelopes with big red letters
Large yellow envelopes.
Regardless of the letter’s color, open it.
Unemployment Mail: Why am I getting duplicates?
A common complaint I receive comes from folks suggesting they received the same letter on more than one occasion or their questionnaire was duplicated.
In my experience, a duplicate letter often means a person has more than one unemployment issue assigned to their claim. Even though the claim might stem from the same job, each claim should be approached as a different problem.
For those wondering whether they have more than one claim, I encourage folks to log into their account and look for long numbers under the “determination and issues” tab. What might look like a serial number or a number that doesn’t look important is actually a significant clue in reducing confusion.
Thus, do not let duplication prevent you from opening it.
Unemployment Mail: If I don’t open it, then I never received it
If this was the case, then none of us would be on the hook for our bills. Just because a person doesn’t open their mail sent by Minnesota’s unemployment office, doesn’t mean it was never sent.
Thus, open it.
Unemployment Mail: I really didn’t get their letter
Yes, I see this problem too, which means it definitely happens. For those who truly never received a letter, I believe seeking due process or demanding proper notice from the unemployment office is necessary.
Improper notice is a breach of our constitutional rights.
Thus, a person cannot open what you never received.
Unemployment Mail: What do I do with it?
Like many others, reducing clutter often starts with a stack of mail. Regardless, we live in a world that almost demands proving our every step. Personally, I love the idea of keeping copies of every letter sent by the unemployment office.
Really, this is easier than it sounds. I encourage folks to keep their notices and communications in the same spot they might keep tax forms. For those that do not keep their taxes or unemployment mail, today is the day you are going to start, right?
To save unemployment means winning an appeal. You cannot save benefits without having them first.
Thus, here are 3 quick things most applicants forget or simply are not aware of when seeking benefits.
Save Unemployment by Requesting a copy of your File
It always surprises me when Applicants contact me by phone and they have never thought about requesting or acquiring a copy of their employment file.
In Minnesota, every worker and unemployed person considering an appeal for unemployment can use rule 181.961 to their advantage.
The goal of seeking or requesting a copy of an employment file to save unemployment is to find documents that support your claim for benefits. This might include:
Employers know what is inside the file. Most Applicants do not. Thus, a worker can save unemployment by requesting a copy of their employment file.
Save Unemployment by asking for the Truthful Reason of your discharge
Even if you already believe you know the answer, the second thing a worker or unemployed person can do to save their unemployment case is seeking the truthful reason why their job ended.
I believe this is important because sometimes workers can use their employer’s inconsistent statements to their advantage. For example, lets say your boss said you were being fired because they were eliminating your position and you find out the real reason they fired you was because you missed a deadline or they thought you stirred the pot to much. Unfortunately, hearing your employer’s feedback for the first time during an unemployment hearing can have a detrimental impact.
Again, even if you already know the answer, I believe every applicant seeking unemployment benefits can use rule 181.933 to their advantage too.
Save Unemployment by using Words from Minnesota Statute 268.095
Because the unemployment law judge will very likely use this rule to deny or grant benefits, I believe workers trying to seek or appeal benefits should always try to incorporate words or phrases from Minnesota statute 268.095.
Unfortunately, this is easier said than done. For this reason, I believe practicing out loud or in front of a mirror can be extremely beneficial to an applicant trying to win their unemployment case.
Final Thoughts
The most important evidence in any unemployment case are the words that come out of your mouth. Please take time to understand and outline your process.
New to unemployment? First, welcome. Second, let’s have faith your unemployment stint is short-lived. On the other hand, lets also assume the job search process takes six months or more.
Did you know Minnesota’s unemployment office might be able to audit accounts under MN statute 268.186 for an infinite period of time? Scary, right?
For this reason, I tell anybody who is unemployed to engage MN unemployment benefits like they approach their taxes: keep hard copies of everything.
New to Unemployment: Records start Immediately
Anybody applying for unemployment benefits will be asked to fill out a questionnaire. I wish more of my Clients printed and kept copies of their application.
Any person new to unemployment is encouraged to keep their application and or any written inquiries proposed by DEED down the road.
New to Unemployment: Quitting and Discharges
Most people requesting unemployment benefits do not have jobs. Even so, keeping records from the last job is significantly important. Why? Because in six months, most applicants confronted with an appeal often forget important details.
Writing down notes from an event for future reference.
New to Unemployment: Job Searches
Another element to quality records in the long run include documentation of a person’s job search. Personally, this can include just about anything:
Filling out applications,
Updating resumes,
Traveling around town looking for jobs,
Reading twitter for new job postings,
Talking with recruiters,
Updating online profiles,
Knocking on doors, and
Anything else you interpret as looking for a job.
Generally, logging activities and time can be a life saver. Most applicants I meet with do not have this. Luckily, you can start documenting three minutes after you finish reading this post.
Again, I am not identifying this as a burden, but a way to hedge risk. The goal is to reduce problems in case of an audit.
New to Unemployment: Part-Time Jobs
For the handful of workers, people or employees who accept a part-time job get into trouble too. For this reason, I like the idea of keeping a personal calendar of one’s shifts.
For example, if a worker finds a part-time job at a restaurant, keeping a calendar for days and hours worked can again be a blessing in disguise.
For those working the third shift, identify your both your starting time and ending time just incase things get crazy down the road.
In Minnesota, unemployment office problems can look or feel different to every person.
Look, I do not want you to experience problems. Unfortunately, problems unfold without people even knowing that it is occurring.
I believe the best solution to an unemployment problem is identifying the issue. If you cannot do this, then perhaps the following tips can help problems from arising.
Tips to reduce Unemployment Office Problems
Here is a good start to prevent unemployment office problems in Minnesota:
Do not visit the workforce center and share your whole story.
Try to predict how or when your employer might lie about key events.
Telling the unemployment office about a medical issue is not always a good idea.
Prepare for an appeal by obtaining evidence before it occurs.
Getting ready for unemployment questions for your hearing is an important step in winning an appeal. And yes, the answers you identified in your application are extremely important.
But, if a person does not know the answers to these three (3) unemployment questions, they will likely fail.
What were your job responsibilities,
Describe your last day of work.
If you need help working through questions that might impact your case, please contact me for help.
Unemployment Questions – job responsibilities
The easiest way an unemployment law judge can determine if a person is credible or not is how they respond to unemployment questions. Thus, getting the easiest questions “right” is really important.
In my opinion, nobody, including a judge and former employers, knows their job better than the person who did it on a regular basis. As an introduction to nearly every unemployment hearing, the unemployment law judge will ask applicants what they did for work and what their job responsibilities were.
Now, this question is really easy when talking with friends and family. For whatever reasons, being under oath and responding to a Judge’s questions for the first time is intimidating. To reduce stress and anxiety, I encourage people to make a list of their job responsibilities before the hearing starts.
Unemployment Questions – why your job ended
The next question that usually trips people up is telling a judge why their job ended. First, a person has to know whether they quit their job or they were fired for something Minnesota unemployment law defines as “employment misconduct“.
Second, being able to connect a job ending to unemployment rule 268.095 is going to give applicants a significant advantage.
Unemployment Questions – last day of work
There is no better way for an unemployment law judge to hear details about a person’s job than reviewing their last day of work. For this reason, applicants seeking unemployment benefits need to know the details of their last day of work as if it happened yesterday.
Also, I believe knowing details about the last day of work will help an applicant prevent a lie from gaining traction.
Help with Unemployment Questions
If you need help working through questions that might impact your case, please contact me for help.
Are you filing for unemployment for the first time in Minnesota? Good! Really, this is a process you do not want to encounter on a regular basis.
On the other hand, do not be discouraged or frightened by the process for seeking benefits.
Instead, look at it this way – you are doing the right thing by trying to education yourself.
Thus, if you need help filing for unemployment for the first time in Minnesota, please consider contacting this law office for help.
Step one when Filing for Unemployment for the First Time in Minnesota
Look, this process can be complicated. Sometimes, people end up appealing their claim for benefits after they file for the first time. The very first step you should take is writing down and or taking notes of the process that led to your job ending.
For example, if you remember having a conversation with your manager or recall being given a document to sign, you should write down what was said, who said it, and what you recall your response being.
Thus, step one in filing for unemployment for the first time in Minnesota should be writing down notes on what you recall being told or what you recall being said that led to your job ending.
Step two in Filing for Unemployment for the First Time in Minnesota
Your second step should be requesting from your employer, in writing, the reason for your discharge and a copy of your entire employment file. You have the right to review your employment file under Minnesota rule 181.961.
You have the right to get the reasoning behind your job ending under Minnesota rule 181.933. Please note, your letter needs to be sent by mail. In other words, it cannot be by fax or e-mail.
But wait – you know why your job ended? It doesn’t matter whether you know the exact reason or not – you need to find out whether your former employer agrees with your understanding and or if your former employer will change their story.
Because your right to receive specific information referenced above about the reason for your discharge is time sensitive, take this step very seriously.
What if you cannot wait and need to being filing for unemployment right this minute?
Well, if you cannot wait – then this law office encourages you to contact a lawyer and ask them to review your situation. Even better, share your story and ask for help in filling out the application for unemployment benefits.
In case it isn’t obvious, what you write down in your application when seeking and filing for unemployment for the first time in Minnesota could have a significant impact on whether you get benefits.
Thus, you desperately need to take the application process seriously and not fill it out the second you walk away from your last job.
What should you put in your application when filing for unemployment in MN?
Yes, what you write and how you answer questions specific to your initial application really does matter. What you write depends on the law, not what you think the law is.
Thus, consider having your case reviewed by lawyer BEFORE filling out your application.
