IAJ Law, LLC

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Category: Unemployment

Stay informed on unemployment law with insights and legal guidance.  Blog covers unemployment benefits, eligibility requirements, appeals, reconsiderations, overpayments, penalties, misrepresentation, and evidence. Get the latest updates and practical advice to navigate the unemployment claims process.

  • Minnesota’s Preponderance of Evidence Rule

    Minnesota’s Preponderance of Evidence Rule

    The Minnesota preponderance of the evidence rule is the standard used by unemployment law judges when deciding the outcome of an appeal.

    In fact, this evidence rule is so very important, judges describe the rule before taking testimony from applicants. As a result, knowing this rule and standard can help applicants when seeking benefits.

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    What is the Unemployment Law on Preponderance of Evidence?

    I am glad you asked. “Preponderance of the evidence” means evidence in support of a fact that is more convincing and has a greater probability of truth than the evidence opposing the fact.

    As simple as this might look, it is actually quite complicated. I say this because unlike other types of court cases, hearsay is allowed.

    On the other hand, if you recently appealed a case and saw a decision that referenced this legal term, consider seeking help.

  • 3 Critical Pieces of Evidence to Prove a Negative

    3 Critical Pieces of Evidence to Prove a Negative

    Prove a negative in an unemployment case by being your own expert, tracking down evidence, and being prepared to say things that matter.

    If your former employer is saying bad things like negligence or employment misconduct, then now is a good time to entertain professional support.

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    The legal process to prove a negative is hard, but not impossible.

    Sometimes, applicants believe they need to defend against their claim or disprove employment misconduct. In my experience, this is the wrong strategy.

    Instead, I prefer to see Applicants turn themselves into the expert. In other words, describing firsthand accounts as if recorded everything on video. Or, interpreting company policies to their advantage versus relying on a handbook.

    Evidence Needed to Prove a Negative

    All to often, Applicants disregard the value of their own personal testimony. But, talking isn’t the goal. Instead, saying critical things about the process, your expectations, and how the worker interpreted the actions of those around them can really offer significant value.

    The unemployment standard is a preponderance of evidence. Paper is nice, but details are better.

    Three pieces of evidence isn’t a tangible thing used to catch attention. Instead, it is a reference to elements of a story explained with critical detail.

    Prove a Negative with Credibility

    Credibility is important too. But credibility isn’t necessarily a trust thing, although trust is important too. Credibility is about detail and sharing why an applicant knows of or responded to an event on a specific day-in-time.

    Sometimes, a person can help and support their goal of becoming eligible for benefits by making explicit references to time, dates and describing a situation in detail.

    Again, paper and tangible evidence is the gold standard. On the other hand, gold is harder and harder to come by when employers misconstrue facts from fiction.

  • Before Sending Evidence By Fax to the MN Unemployment Fax Number

    Before Sending Evidence By Fax to the MN Unemployment Fax Number

    Minnesota’s unemployment fax number is 651-205-4007. Sending evidence or an appeal by fax is easy. Knowing which evidence to submit or how to file a timely appeal is another story.

    Another relevant story regarding the UI fax number is the number of times an unemployment law judge will suggest that they never received a fax.

    Whichever camp you fall into, keep your paper trail and use these tips to your advantage.

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    Problems with the Unemployment Fax Number

    In my experience, the unemployment office has the oldest and least efficient fax machine in the state of Minnesota.  I will not bore you with stories, but I have plenty.

    Because the number one risk is a fax that is never received, I encourage folks to do the following:

    • An applicant should never feel comfortable that their fax was received until they receive a copy of their fax by mail with watermarks containing the word “Evidence” in the lower right hand corner of each page.
    • Always send a tracked hard copy in the mail.
    • Never allow an unemployment hearing continue without acknowledging the evidence or information submitted by fax.
  • Can you Rank MN Unemployment Judges? [2025 Update]

    Can you Rank MN Unemployment Judges? [2025 Update]

    MN unemployment judges are real people.  Many applicants seeking benefits have never spoken to a judge prior to their appeal.  For some, this causes stress and anxiety.

    If you need help preparing for your unemployment appeal, you found the right place.

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    As you research your case, consider which rule of law helps your appeal. Then, prepare, prepare, and prepare.

    Raising Issues with an Unemployment Judge

    Applicants can ask an Unemployment Law Judge to review new issues. Raising an unemployment issues is supported under Minnesota Rule 3310.2910.

    Of course, if the applicant doesn’t know or see the issue prior to the hearing, this too can have a detrimental impact.

    Unemployment Law Judges in Minnesota

    Here is a short list of judges that might be assigned to an unemployment appeal:

    • Allen, Lossom
    • Altavilla, Christina
    • Arendt, Kevin W
    • Avila, Kevyn
    • Bennett, Bonnie J
    • Berninghaus, Andrew P
    • Best, Eli
    • Blomquist, Jeffrey
    • Boggio, Hannah A
    • Conlin, Katherine A
    • Cornell, Rachel
    • Cox, David
    • Czeck, Tyler
    • Davis, Colette B
    • Eng, Bryan
    • Flynn, Megan A
    • Froelich, Anne
    • Georgopoulos, Areti
    • Gibson, David A
    • Haynes, Tiffany R
    • Helgeson, Karen L
    • Hines, Kaitlin
    • Humayun, Munazza
    • Kaehler, Lynn A
    • Leopold, Brian
    • Mackin, Sasha E
    • Markham, Melannie M
    • Martin, Twyla D
    • Matteson, Mara K
    • Phillips, Keri A
    • Pomeroy, Michelle
    • Pomeroy, Michelle
    • Ratzlaff, Natalie
    • Ritter, Kelly L
    • Roberts, Andrea
    • Simafranca, Ryan D
    • Skurka, Jacob J
    • Smith, Kathryn K
    • St Martin, Matthew A
    • Steffen, Christine
    • Trobaugh, Phillip J
    • Vincze Turcean, Claudia
    • Wittmer, Rebecca A
    • Yursi, Heather
    • Zugay, Dawn E

    MN Unemployment Judges

    When preparing for an unemployment appeal hearing, it is far more important to focus on presenting clear facts and the specific rules that support your eligibility than to worry about which unemployment law judge will be assigned.

    While judges may differ in style or questioning, each is bound to apply the same laws and regulations. A well-prepared case—supported by a timely subpoena, an accurate timelines, or references to applicable rules—will stand on its own merit regardless of the judge.

    Success in your hearing depends on substance, not speculation about personalities. Strong preparation is your most effective strategy.

  • MN Unemployment Login Problems Start With This

    MN Unemployment Login Problems Start With This

    Login For Minnesota Unemployment Account

    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.

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    Before Logging Into Your Unemployment Account

    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.

  • Should You Appeal Unemployment?

    Should You Appeal Unemployment?

    Should you appeal unemployment?  Except for applicants with a professional license and or those accused of unemployment misrepresentation, this is usually an easy question.

    If you need help addressing an appeal for unemployment benefits, you found the right place.

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    Related Unemployment Issues

    When this law office works with a person deciding whether they should appeal an unemployment claim, here is what I ask:

    • What is the worst thing that might occur?
    • Is there a government agency with a vested interest in the claim for benefits?
    • Is there a risk for getting one’s license suspended or terminated?
    • Is there a concern with being asked questions under oath?
    • Does a future job look hopeful?

    Again, the answers to these types of questions are going to be specific and personal to the person seeking benefits.

    Being Under Oath

    Being under oath at an unemployment hearing carries significant legal and personal risks. When testify or offering evidence, all of the above questions come into play.

    Any false statement, even if made unintentionally or out of confusion, can lead to serious consequences, including charges of perjury.

    Unemployment law judges (ULJs) take sworn testimony seriously, and inconsistencies or misleading statements can undermine your credibility, potentially damaging the appeal and or other legal matters.

    Unlike casual conversations or informal interviews, words during a hearing become part of the official record. They can be used as evidence not only in that proceeding but also in subsequent matters.

    If you’re unprepared, nervous, or unaware of the specific legal issues at stake, you might say something that is interpreted unfavorably. Because of these risks, it’s crucial to prepare carefully.

    Thus, work with your attorney, understand the facts of your case, and rehearse answering questions clearly and truthfully.

  • What If Your Employer Lied at an Unemployment Hearing

    What If Your Employer Lied at an Unemployment Hearing

    If an employer lied at an unemployment hearing, immediately obtain copies of the audio from the hearing. If possible, organize evidence showing the lie. Of course, this isn’t always possible.

    Then, outline the issue within more formal process called a request for reconsideration.

    Help when an Employer Lied

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    Lies offered by the employer, whether from a boss, HR person, random witness, or some other witness usually shows up in three different ways:

    • Within an exhibit before the hearing takes place,
    • During the appeal hearing, and
    • After the hearing.

    Unfortunately, most applicants are hardly prepared. Even worse, when the lie occurs, the employee or applicant freeze up. This isn’t helpful either. So, a strategy needs to be developed before a hearing takes place.

    Employer Lied Before the Hearing

    Addressing pre-hearing issues is another story. Attacking a lie is different than presenting the truth using other testimony.

    Nonetheless, consider acquiring copies of a personnel file before the phone hearing takes place. Other times, applicants can seek support from a witness and or make legal objectives.

    Other times, the applicant might welcome the lie because it gives the former employee an opportunity to show credibility.

    Unfortunately, taking time to weigh facts and propose the strongest strategy is out of scope for a short post like this.

    Employer Lied During the Hearing

    When an employer’s witness lies during the hearing, this is where a claimant sometimes locks up. First, the lie is sometimes surprising to hear.

    Other times, the statement doesn’t sit right and causes panic. Or, the applicant begins to look through exhibits, while missing critical testimony needing a response.

    Although there isn’t a perfect answer, there is an answer. Point to evidence and make objections. Otherwise, a better answer is the process of offering additional testimony or cross examining the employer.

    Unemployment Lies After the Hearing

    When an employer lied at an unemployment hearing and their statement is used in the decision, what really matters then is drafting a well constructed appeal. An appeal after a phone hearing is called a request for reconsideration.

    Administrative Penalties if an Employer Lied at an Unemployment Hearing

    Now, lets examine penalties. When an employer lies an an unemployment hearing, admin penalties are supported by rule 268.184.

    Admin unemployment penalties are the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.  

    On the other hand, penalties could be even higher based on the status of the Workforce Development Fund.

    Notification Penalties

    Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.

    Penalties under this rule could be even more significant.  According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.

    Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.

    Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500.  If the underpayment is more than $500, then that person is guilty of a felony.

  • Unemployment Audit: Avoid Getting Fooled

    Unemployment Audit: Avoid Getting Fooled

    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.

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    Who Initiates an Unemployment Audit in Minnesota?

    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.

    Unfortunately, an UI Benefit Audit in Minnesota can inspire other issues through the Minnesota Department of Revenue, the Minnesota Department of Labor, and related agencies.

    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.

    Unfortunately, these matters are happen under Minnesota Statute 268.168.  

    Why do people and businesses get Audited by the Unemployment Office?

    Since COVID-19, audits have been on the rise. An Unemployment audit starts with a complaint and or an applicant miss classifying their job status.

    Other times, audits happen as a result of misleading information shared on forms or during an appeal hearing.

    Audit Questions from Minnesota

    Sometimes, people are able to distinguish their eligibility for unemployment versus an employer wrongdoing.  Other times, people cannot.

    Here are a few issues that usually raise other questions.

    • Did benefits start and stop and start again?
    • Being classified as an independent contractor.
    • Did you receive wages from an unidentified source?
    • Did you receive severance or a lump sum cash payment at the conclusion of your job ending?
    • What does your job search process look like?
    • Ancillary claims for Worker Compensation.
    • Health Matters.

    If any of these questions inspire a story or discussion, then I encourage using appropriate strategies to reduce future conflict.

  • Help Your Unemployment Reconsideration In Minnesota

    Help Your Unemployment Reconsideration In Minnesota

    An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.

    Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.

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    What is the Goal for this type of Appeal?

    There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.

    • Goal 1: Reverse the Unemployment Decision;
    • Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    Before Filing A Reconsideration for Unemployment

    In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.

    Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.

    Then, you can scrub the audio for legal and procedural errors.

    What Does a Request for Reconsideration Look Like?

    Both the Applicant and Employer can file a request for reconsideration.  Filing this type of an appeal online limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  

    In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.

    New Evidence for an Unemployment Reconsideration

    Yes, every Applicant should consider whether the new evidence might change or help influence the Judge.  As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:

    (1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and

    (2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.

    New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed.

    New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.

    When Should an Unemployment Reconsideration be filed?

    Time is not on your side.  Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.

    Ideally, consider seeking help before you file such that you do not waive certain rights.

    Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.

  • Appealing Noncovered Employment

    Appealing Noncovered Employment

    Noncovered employment is a fancy unemployment term used to deny claims for benefits. In Minnesota, auditors and employers use this term to claim a person with a certain job is automatically denied benefits.

    This type of denial should be appealed. But, most employers will try and fight this type of claim because loosing means that their taxes will go up.

    As a result, applicants or workers must be cautious before offer evidence, just in case it inadvertently supports a noncovered classification versus covered employment.

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    Covered versus Noncovered Employment

    Minnesota has a simple rule:  anybody who tries to collect unemployment benefits in Minnesota after having a job classified as “noncovered employment” looses. The opposite of this is a classification called covered employment.

    When I meet with people who are working through this type of matter, they are often unfamiliar with the various Minnesota laws that make a distinction.  For this reason, study Minnesota statute 268.035. As you will see, Minnesota unemployment laws are dependent on worker classifications.

    Noncovered Employment Legal Strategies

    Your job classification cannot be dependent on an unemployment law. Instead, you can help yourself by defining your job duties and responsibilities. This is important for every worker defending their job status.

    Unfortunately, applicants appealing cases like this unfamiliar with the types of acts that are most relevant. This is due to the failure of knowing the job duties that impact the claim.

    Acquiring benefits is critical to the process of reducing stress so a person can focus on their job search.   Fighting an evil HR person about noncovered employment is a matter that you must take on with supporting evidence.

    Evidence for a Noncovered Job

    When I strategies with a Client, I like to help them pinpoint the following:

    • Job duties;
    • Past job postings supporting job duties;
    • Comparing job classifications to other internal workers;
    • Asking auditors for feedback on other classified workers;
    • Organization charts;
    • Handbooks; and
    • Determining which Job Level was the decision maker.

    Of course, every job and employer is different.  Disproving negative evidence is the key.

  • Minnesota Unemployment Overpayments May Get Worse

    Minnesota Unemployment Overpayments May Get Worse

    An unemployment overpayment in Minnesota means the unemployment office is wanting money back, whether incorrectly or otherwise.

    Applicants with appeal rights have different issues to consider versus people considering repayment strategies.

    In either case, consider meeting with an attorney before freely offering up information or responding to the Minnesota unemployment office.

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    Applicants who are successful with an appeal may reverse an overpayment. Other applicants consider different strategies.

    However, success is very dependent on how an individual responds to a request for information expressed by DEED.

    Are Unemployment Overpayments Serious?

    You already know the seriousness of an overpayment because of the dollar value. Yes, an overpayment is serious, but reversable.

    Since COVID, this law office is seeing overpayments as high as $90,000 after penalties, fines, and accusations of misrepresentation.

    Process for Overpaid Benefits?

    As you can see under rule 268.105, an Applicant can appeal an overpayment. 

    Generally, an appeal related to an unemployment claim follows the same procedures and steps as that required during other levels of the unemployment appeal process.

    Are Unemployment Overpayments Legal?

    Minnesota and the unemployment office can audit benefit accounts years from ever date of payment.

    In other words, the Minnesota unemployment office has rights that support their ability to audit your account.

    Overpayments and Misrepresentation

    Sometimes, an overpayment for benefits can be attached to misrepresentation. In other words, instead of one active case, a person may have two or more case types.

    One of many reasons misrepresentation or fraud impacts an overpayment is in repayment strategies and laws.

    What Should You Do About an Unemployment Overpayment?

    These types of benefit cases really cause a lot of stress and their impact can be far reaching. And, matters of this kind can date back months, years, and even decades.

    Whether pre-covid or post covid, consider seeking help, such that you do not inadvertently make the situation more damaging.

  • What To Do When Denied Unemployment in Minnesota

    What To Do When Denied Unemployment in Minnesota

    Being denied unemployment benefits in Minnesota means being ineligible for benefits. Usually, a person will find out about a denial by viewing their account online or by mail.

    Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.

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    After Being Denied Unemployment

    Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.

    Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.

    Wording Your Response to a Denial for Benefits

    Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.

    Instead, the goal is to perfect the opportunity to meet with an Unemployment Law Judge.

    The button on the unemployment website asking you to file an appeal will introduce four questions:

    • The reason for the appeal;
    • Whether you intend to submit evidence or introduce a witness;
    • Whether you are going to have an unemployment lawyer; and
    • Do you need an interpreter.

    Employer Denied Unemployment

    In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.

    Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.

  • Minnesota Law 268 Help

    Minnesota Law 268 Help

    Minnesota Law 268 applies to workers and employees who quit and or get fired. Sometimes, people do not know which category they fall into.

    This law office offers advisement the rules and laws under Minnesota Section 268.

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    Every situation is different, and there can be a lot of confusion, especially if something your former employer said doesn’t feel right.

    Minnesota law 268 is a chapter of rules that impact appeals for UI benefits. Many people find out about this chapter upon getting a letter in the mail.

    Whether the letter makes reference to MN Statute 268.095, 268.035, 268.085, or any other rule, finding a solution starts with identifying the issue.

    268 MN Unemployment Quit Laws

    When a person quits a job and seeks unemployment benefits, they are asked to compare their reason to other “good reasons”. In other words, case law.

    Minnesota 268 Laws for Termination

    Cases involving employees accused of employment misconduct require a different legal analysis.

    The term employment misconduct in Minnesota is fact specific.  In other words, every case is different because employers have different policies, guidelines, and expectations.

    Utilizing research tools mentioned above may help clarify your situation or goals.

    Employment Misconduct is any intentional or negligent conduct that demonstrates a disregard for the employer’s interests or that is a violation of the employer’s reasonable expectations. This doesn’t mean much unless you are comparing this to other situations and cases.

    For this type of analysis, there are thousands of Minnesota cases are explain misconduct issues.

    Video For Minnesota Law 268

    MN Stat. 268.095

    Minnesota Statute 268.095 is important because it helps and hurts applicants seeking benefits.

    Likewise, other unemployment laws provide important safeguards for individuals who have been wrongly disqualified. Being ineligible for benefits is an appealable. i

    Changes to Minnesota Law 268

    Minnesota law 268 has changed many times.  In fact, this 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.

  • How to Waive An Unemployment Court Fee

    How to Waive An Unemployment Court Fee

    The unemployment court fee in Minnesota is different for individuals and applicants, versus employers.

    When an individual makes an unemployment appeal to Minnesota’s Court of Appeals, the cost is waived under the Unemployment Court Fee rule. The court fee to make an appeal by an employer is $550.

    That said, there isn’t a court filing fee for either an applicant or an employer when the UI appeal is heard by phone or during a process called a request for reconsideration.

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    Phone Hearing Court Costs

    There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. And, court transcripts are generally free too. This rule is not based on income and true for employers and individuals alike.

    Reconsideration Court Fees

    In addition, there are no court filing fees for appeals called requests for reconsideration. Again, this is true for employers and individuals alike.

    Unemployment Court Fees for the Court of Appeals

    The filing fee is only paid when the employer is initiating the unemployment appeal. If an applicant files the appeal, the employer is asked to submit or attach a filing fee for their response to the matter.

    Of course, these types of expenses should be considered when deciding how to proceed. However, there are many other factors to consider, which may far more significant than court filing fees and service of process.

    Minnesota Supreme Court Fee for an Appeal

    When a party files an appeal through Minnesota’s Supreme Court, a filing fee of $550 is required.

    However, the Supreme Court in Minnesota is not compelled to hear or decide upon a case.

  • 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.

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    Unemployment Appeals In General

    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.

    Writing an Appeal for Unemployment

    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.

    Unemployment Deadlines for an Appeal

    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.

    Filing an Appeal for Benefits

    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.

    Unemployment Statement For Your Appeal

    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.

    Reasons For Your Unemployment Appeal

    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.

  • Checking Sports Scores At Work

    Checking sports scores at work can lead to conflict. When the conflict turns into a termination, employees have an opportunity to fight back. To see the case I referred to during Episode 006 of the Podcast, consider looking at Court of Appeals A10-146.

  • How to Appeal Unemployment

    How to Appeal Unemployment

    How to appeal unemployment really depends on the person. Most often, this question come up when a person is trying to decide what to write as their appeal. Other people have problems accessing their online account and literally cannot figure out how to make it work.

    Before contacting the Work Force Center, consider engaging an unemployment lawyer for help.

    In Minnesota, there are three ways file an appeal for unemployment:  online, mail, and fax.  Because of the severity of a negative outcome, please treat this element of the process with respect.

    An appeal for unemployment appeal should be viewed as a complicated legal procedure. That said, it isn’t because a person cannot do this on their own. Instead, it has more to do with protecting a person in favor of awarding benefits.

    Appealing Unemployment Online

    Deciding to appeal a claim online has advantages. Of course, there are disadvantages too. It really depends on the situation for the applicant.

    How to Appeal Unemployment
    How to Appeal Unemployment

    A lot of times, how to appeal unemployment online is strange because many people have never done this before. What will the next screen say if you click here or there? Unfortunately, this is where seeking help might make sense.

    When filing an online appeal, actions get triggered and the process moves onto other steps. If you have not made decisions about evidence, perhaps this should be considered first.

    Unemployment Deadlines

    Yes, there are deadlines for filing an unemployment appeal. In a perfect world, everybody would file their appeal before the statutory deadline. But. things happen and sometimes I need to explore and pinpoint legal reason why an unemployment appeal should be accepted after the deadline.

    If a deadline is impacting how to appeal unemployment, consider seeking a professional opinion.

    Unfortunately, the people answering the phone system at Minnesota’s Department of Employment and Economic Development (“DEED“) are not up to speed on the legal reasons for accepting an appeal after time has expired.

    After You Appeal Unemployment

    After you file an appeal, Minnesota DEED should schedule an evidentiary hearing in front of an unemployment law judge (ULJ). That said, the unemployment office looses things, forgets things, and sometimes fails to send out information by mail.

    In any of these situations are you, thinking the situation will fix itself isn’t always the strongest position.

  • Unemployment and Quitter Confidence

    Unemployment and Quitter Confidence

    Quitter confidence impacts unemployment. For those unfamiliar with this term of art, quitter confidence is a term used to describe the level of confidence employees have in leaving their current job and finding a new one.

    This is an important concept in the labor market, as it is closely related to the unemployment rate and can provide valuable insights into the dynamics of the job market.

    When the unemployment rate is high, quitter confidence tends to be lower. This is because individuals may feel that there are limited job opportunities available and that it may be difficult to find new employment quickly. As a result, they may be less likely to quit their job and risk being unemployed for an extended period of time.

    Conversely, when the unemployment rate is low, quitter confidence tends to be higher. This is because there are more job openings available, and individuals may feel more confident in their ability to find new employment quickly. As a result, they may be more likely to quit their job and seek out new opportunities.

    The relationship between quitter confidence and the unemployment rate is complex and multifaceted.

    While a low unemployment rate can lead to an increase in quitter confidence, there are other factors that can impact an individual’s decision to quit their job, such as job satisfaction, salary, and career prospects.

    Job Market Impact

    Quitter confidence can have a significant impact on the labor market, as it affects the number of individuals who are actively seeking employment and the overall turnover rate of the workforce. When quitter confidence is high, there may be a higher turnover rate, which can create job openings and opportunities for new job seekers.

    On the other hand, when quitter confidence is low, there may be a decrease in the turnover rate, which can result in fewer job openings and less opportunity for new job seekers. This can lead to a stagnation in the labor market and a decrease in economic growth.

    Furthermore, while high quitter confidence can lead to an increase in job turnover and create job openings, it can also lead to increased competition for available jobs and put pressure on employers to offer competitive salaries and benefits in order to attract and retain employees.

    Understanding the relationship between quitter confidence and the unemployment rate is crucial for policymakers, economists, and employers, as it can provide insights into the dynamics of the labor market and inform decisions related to employment policies, job creation, and workforce development.

    In conclusion, quitter confidence and the unemployment rate are closely related concepts that have a significant impact on the labor market.

    By understanding this relationship and its various nuances, we can better understand the dynamics of the job market and make informed decisions to support economic growth and job creation.

  • Job Report Impact on Unemployment

    Job Report Impact on Unemployment

    The job report can impact Minnesota unemployment claims and benefits. I see this most often with audits and work availability issues.

    The job report provides data on the number of employment opportunities created. The unemployment office uses this data when claiming a person is not finding work fast enough or that the applicant’s labor market is compromised. Unfortunately, these big words and phrases are terms of art utilized by the unemployment office.

    Back to the statistics that came out on this past Friday, this information is used by policymakers, economists, and investors to assess the health of the economy and make decisions related to employment and other economic policies.

    Right or wrong, these types of things find themselves intertwined with certain types of unemployment appeals.

    In addition to impacting the unemployment rate, jobs data can also impact an applicant’s confidence in their work search process or encourage other job seeking strategies.

    Overall, looking at employment numbers is an important indicator of economic health and can have wide-reaching impacts on individuals, businesses, and the broader economy.

  • Unemployment After A Layoff

    Unemployment After A Layoff

    Unemployment after a layoff is not as easy as it sounds.  With inflation running wild and businesses laying off workers, I cannot help but address a very important point:  unemployment is not a guarantee. 

    The law aside, there are many factors that go into whether or not a person qualifies for benefits.  Even more, an employer’s actions after a job ends can drastically change how you look at application for benefits.

    As a result, when employers confuse or blur the lines, guessing isn’t enough. 

    Help with Unemployment After a Layoff

    Contact Now

    As many people are finding out, unemployment after a layoff sometimes comes with strings attached.  Sometimes, this means a job loss is presented with a separation agreement. 

    This is followed with a wink, a nudge, and a monetary sum of money.  Not to fast though, because signing the dotted line can lead to bigger problems down the road. 

    This is especially true when we do not whether the next job is around the corner or light years away. 

    After a Layoff, Prepare For Unemployment

    Before applying for benefits, consider some light reading.  First, look at Minnesota Statute 268.085.  This law outlines all kinds of rules on the framework of eligibility.  In fact, the name of the rule itself is called “Eligibility Requirements”. 

    When trying to understand unemployment benefits, you really cannot go wrong by reading the rules. 

    On the other hand, if a person is trying to obtain unemployment after either quitting or getting fired, consider reading Minnesota Statute 268.095.  Under this rule, you will find all kinds of reasons addressing benefits after a discharge and benefits as a result of quitting. 

    That said, reading each rule isn’t going to be good enough.  This is true because there are nearly 2,000 court cases helping us understand unemployment laws and to the extent benefits are granted.

    I know this is a lot to absorb.  Especially after a job loss.  Start simple.  The process of applying for benefits is just as important as submitting a resume. 

    In fact, some of the same principles apply in either situation.  Every question is a trick and knowing why you are offering specific information is crucial to the bigger picture. 

  • Tips & Unemployment Go Bad

    Tips & Unemployment Go Bad

    Tips and unemployment benefits have a long history. Of course, by tips I mean money given to a waiter, bartender, server, driver, hair stylist, or just about anybody else for providing a service.

    When we start linking money gifted by a customer to an unemployment benefit, things go bad very quickly. Whether applicants start thinking about their worst case scenario, sometimes there are accusations of misrepresentation. This problem can multiply when you consider the IRS’ interest in the matter.

    If you ask an employer for help, they will often run the other way. Rightfully so, because they hardly know themselves. Thinking about asking the unemployment office for help? You might incur consequences.

    Finding Out That There Was a Problem

    Generally, a person becomes aware of an unemployment claim and a gratuitous tip problem in one of a handful of ways. This includes:

    • Receiving a letter stating there was an overpayment,
    • Learning about an audit,
    • Hearing from past co-workers,
    • Learning that the Department of Labor is auditing wage and hour issues,
    • Receiving a letter from Minnesota’s Department of Revenue,
    • Getting notice of a Federal Overpayment, and
    • Seeing the phrase “misrepresentation” inside one’s online unemployment account.

    All of these methods are scary and require a different legal response. Thus, take their notices seriously.

    Unemployment Laws for Tips

    The word tip appears next to the definition of wages. As a result, consider looking at the 30 plus Minnesota unemployment cases that interpret tip law. Unfortunately, the difference between a tip and wage can be very confusing.

    In the meantime, take a look at Minnesota Statute 268.035 and look at the dozens of unemployment tips I shared in other blog posts.

  • Unemployed and Homeless

    Unemployed and Homeless

    Unemployed and Homeless – Audio

    Being unemployed is a scary process. The fear of becoming homeless or without food, creeps into the picture. Unfortunately, I hear this alot in my practice.

    I think the solution to an unemployment dilemma is keeping it simple and to strategize each step accordingly. Anxiety triggers fear and fear can cause a person to make bad choices. Even worse, anxiety can cause a person to make no choice at all, which can be even more damaging.

    Jumping from a job loss and into poverty is not the general rule. For those overcome by the thought of losing everything while weighing the unemployment process, consider organizing a game plan. Consider using this as a starter to your said plan:

    • Review unemployment eligibility requirements,
    • Obtain a copy of your Personnel File,
    • Track your job search process,
    • Prepare your claim for benefits, as if there was an appeal, and
    • Approach each day as a separate and exclusive mission.

    Whether this is your first time or last time of engaging the unemployment process, fear and anxiety is normal. On the other hand, consider taking each day or perhaps each hour as your mission for benefits and ultimately finding work.

    As a side note, you can see this fight firsthand by following one of my public cases serving the unemployed. Otherwise, I wish you the very best.

  • Unemployment Audits Are On the Rise

    Unemployment Audits Are On the Rise

    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.

  • Unemployment Audits Are On the Rise

    Unemployment Audits Are On the Rise

    UI Audits Are on the Rise – Audio

    Surprise, UI Audits or unemployment audits are on the rise. An audit through Minnesota’s unemployment office looks different to every person.

    For some, an audit starts with an on-line questionnaire. For others, an audit starts as a phone call, email, or a part-time tip job gone bad. Unfortunately, many do not connect the dots until the appeal stage.

    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 present cases different from the past, is the the fact the unemployment office is following a new set of rules redefined by the pandemic.

    Taking this into consideration, because every audit looks different, each person impacted by this process should consider a strategy specific to their own situation.

  • Unemployment Acronyms Are Turning Crazy

    Unemployment Acronyms Are Turning Crazy

    Unemployment acronyms for benefits in Minnesota are getting out of hand. Here is why. Minnesota uses a combination of numbers and letters that makes little sense.

    At a minimum, abbreviations should use letters that are easily recognizable. For example, MN for Minnesota. The reason that acronyms or UI codes are critical is because they help applicants understand the rule set assigned to their case. Unfortunately, this isn’t the case with Minnesota’s UI system. Not so in Minnesota.

    “DUA or disaster unemployment assistance is another acronym that means PUA”

    Minnesota’s online benefit system uses specific letters that align with an unemployment law assigned to an applicant’s case. For this reason, knowing the code can be extremely helpful.

    Most applicants logging into their online system do not recognize this issue because it isn’t noticeable unless you are purposely seeking it out.

    6 Categories of UI Acronyms

    In general, there are six categories of benefit programs in Minnesota. Here are the unemployment acronyms for each category:

    • Regular State Unemployment Insurance (STUI)
    • Emergency Unemployment Compensation (EUC)
    • Disaster Unemployment Assistance (DUA)
    • Trade Readjustment Assistance (TRA)
    • Alternative Trade Adjustment Assistance (ATAA)
    • Inactive Program Types

    Regular State Unemployment Insurance

    Prior to COVID-19, most benefit claims were considered regular insurance benefits and identified as STUI or Standard Unemployment Insurance.

    Really, this category is the default benefit category. Because of the Pandemic, lots of applicants have miscategorized claims.

    In other words, lots of persons applied for benefits for reasons related to COVID and incorrectly had their case identified as STUI. Thus, knowing and seeing this as an issue can be extremely helpful.

    Emergency Unemployment Compensation

    The unemployment acronym E024 is another way of saying Pandemic Emergency Unemployment Compensation or PEUC. Wow, that may look really confusing, but it is worth knowing.

    PEUC is confusing because the UI Office in Minnesota, in their infinite wisdom created three different codes to identify the same thing.

    • EUC = Emergency Unemployment Compensation
    • E024 and PEUC = Pandemic Emergency Unemployment Compensation.

    For somebody just trying to collect their benefits and move onto their job search process, this confusion can add stress. However, the key takeaway is the following: PEUC is not the same thing as Pandemic Unemployment Assistance.

    Disaster Unemployment Assistance

    DUA or disaster unemployment assistance means PUA. Pandemic Unemployment Assistance (PUA) is the process of applying for benefits because a job ended as a result of COVID-19.

    To make things even more interesting, the unemployment system also uses D002 to mean PUA. As a summary, this is what applicants may see inside their account:

    • DUA = Disaster Unemployment Assistance
    • D002 or PUA = Pandemic Unemployment Assistance

    Trade Readjustment Assistance (TRA)

    TAA and TRA benefits is an unemployment code that most applicants will not encounter. Nonetheless, here are the acronyms to know:

    • BSIC = Basic Trade Readjustment Allowance
    • ADDL = Additional Trade Readjustment Allowance
    • RMDL = Remedial Trade Readjustment Allowance
    • CMPL = Completion Trade Readjustment Allowance

    Alternative Trade Adjustment Assistance (ATAA)

    Alternative Trade Adjustment Assistance is an unemployment program limited to a select group of individuals. In general, this benefit is a wage subsidy for applicants 50 years of age and older and they do not earn more than $50,000.

    Inactive Programs in Minnesota

    Finally, the following list of acronyms are those that were formerly used by the unemployment office.

    Even though most of these programs were used between the years 2007 and 2009, they usually come up during an audit or overpayment.

    • D001 = Disaster Unemployment Assistance
    • E001 = Ainsworth Lumber Company extension
    • E002 = Clearwater County extension
    • E003 = Kanabec County extension
    • E004 = Ainsworth Lumber Company extension
    • E006 = Federal Emergency Unemployment Compensation Tier One
    • E007 = Federal Emergency Unemployment Compensation Tier Two
    • E008 = Special State Emergency Unemployment Compensation
    • E009 = Federal Emergency Unemployment Compensation Tier One
    • E010 = Federal Emergency Unemployment Compensation Tier Two
    • E011 = Federal-State Extended Benefits
    • E012 = Federal Emergency Unemployment Compensation Tier Two
    • E013 = Federal Emergency Unemployment Compensation Tier Three
    • E014 = Federal-State Extended Benefits
    • E015 = Federal-State Extended Benefits
    • E016 = Special State Extended Unemployment Insurance
    • E017 = Federal Emergency Unemployment Compensation Tier One
    • E018 = Federal Emergency Unemployment Compensation Tier One
    • E019 = State Additional Benefits – Lockout
    • E020 = Federal Emergency Unemployment Compensation Tier One
    • E023 = Iron Mining Related

  • Unemployment PUA Mistakes Keep Growing

    PUA mistakes are showing up by the dozens. Even though I am hopeful that there is relief to be had, these issues are causing tremendous stress amongst the unemployed.

    The problem is applicants near and afar do not know how to correct PUA mistakes created by Minnesota’s Unemployment Office.

    This is a problem that dates back many months when people applied for unemployment benefits when the COVID-19 pandemic started. During the early stages of this process, applicants were pushed towards the wrong online application.

    Now, applicants are appealing issues they didn’t imagine and told their account has an overpayment. Luckily, there might be an answer.

    Without getting overly technical, Unemployment Insurance Program Letter NO. 16-20 offers guidance.

    As stated in the UI letter, Minnesota must identify individuals who are potentially eligible for PUA and provide them with written notification of their potential entitlement.  This includes applicants who were found ineligible as far back as January 2020. This is significant for any person managing an overpayment due to PUA mistakes.

    With PUA mistakes running ramped, the good news is that after an applicant is disqualified from regular unemployment benefits, the PUA process supports backdated claims. On the other hand, time is of the essence.

  • Covered Individual And PUA Benefits

    Covered Individual is a point of contention for unemployed people seeking pandemic unemployment assistance or PUA benefits. Sure, receiving money today sounds great. However, things may go horribly wrong down the road. Here is why.

    Pandemic unemployment assistance benefits feels easy. And, politicians from both sides are saying things to put people at ease. But, the devil is in the details.

    The details come from a federal law called 15 USCS § 9021, which is a rule that tells us about Pandemic Unemployment Assistance. The key phrase inside this rule is “covered individual”.

    In other words, people who meet the definition of covered individuals are eligible for PUA. Those who do not meet the definition are likely ineligible or weighing an opportunity to appeal a decision.

    Who Is A Covered Individual?

    Those that are more likely to have an easier time with the unemployment office are individuals or covered individuals who meets elements under 15 USCS § 9021.

    In other words, this means a person who was:

    • Diagnosed with COVID-19,
    • A member of a household impacted by COVID-19,
    • Care for a family member impacted by COVID-19,
    • A person who lost childcare or is supporting a child that is not able to attend school,
    • An individual who cannot go to their place of work,
    • Workers who anticipated starting a job that was impacted by COVID-19, or
    • A person who’s place of work was closed due to a government mandate.

    Of course, there are a lot more opportunities for covered individuals than those highlighted above. That said, our self-employed workers, business owners, independent contractors, and gig workers are most at risk of being denied benefits. Then, the process turns onto appeal strategies.

    PUA Overpayments Will Start Again

    Right now, it feels like everybody is being told that they are eligible for benefits. Once our unemployment office moves onto the second stage of claims, overpayments will again be a hot issue. After all, these types of issues came up in 2007 too.

    For those that have followed me in the past, it was in 2007 that I sometimes used my 900 lb gorilla analogy. But, this doesn’t mean the end is near.

    Instead, the idea of sharing this feedback is to make others aware that the rules are unclear and likely will require adjudication. When they do, applicants seeking unemployment benefits have

  • [Update] COVID 19 Law for Unemployment Benefits

    The new COVID 19 law for unemployment benefits was finally posted online. For those inquiring about benefits and looking for a source of truth, please consider Chapter 71, HF No. 4531 along with other unemployment laws and rules.

    For those trying to determine the difference between a rule and a law, consider starting here.

  • COVID19 Aid Bill & Unemployment Claims

    COVID19 Aid Bill is the rule that helps people and families acquire unemployment benefits as a result of the corona virus.

    In my line of work, the best place to start is the text of the rule. The Governor’s speech was nice, but not helpful until the rule gets published.

    I agree, waiting for the text of the rule or bill is stressful. That said, once the stimulus package or rule is published, many of the questions and concerns being felt by unemployed workers, employees, independent contractors, and gig workers will hopefully get answered.

  • Corona Unemployment Claims Fall Apart When?

    Corona unemployment claims are here and my first regret is the amount of time it took to share the following. For those who recently contacted me about job loss as a result of artificial intelligence, the COV-19 virus is more imminent. As a result, lets jump right in.

    In general, there are 5 outcomes that many employees and workers will want to consider. I will discuss these outcomes below. But, before an outcome can be assessed, lets first consider the present.

    Corona Job Loss Question Number #1

    The first issue is whether or not wages have ended. If wages already ended, then the feedback described below is important.

    On the other hand, if wages have not ended, the idea of seeking or filing a claim for unemployment benefits today is probably more about fear. Because fear can be debilitating, please go your best to manage it accordingly.

    Every worker and employee trying to prepare for future corona unemployment claims should consider reading the eligibility conditions under Minnesota statute 268.085 as their first step towards the unknown.

    Corona Impact on Hourly Employees

    Very likely, hourly employees will be the first group of corona unemployment claims.

    That aside, there is hope. There is hope inside Federal and State governments granting benefits through disaster assistance programs.

    Here in Minnesota, there is hope too, especially after an applicant or hourly worker meets the one week grace period found here.

    But, a word of caution. Each and every person applying for benefits should take scrupulous notes to reduce the risk of a future audit. Why do I say this in a time of need? Because your future self is counting on it.

    To date, I am still seeing the residual impacts of unemployment audits from claims dating back to the 2007-2008 recession. If you or a loved one fell into this circle of appeals, then you already know the issues. For those managing this for the first time, consider reading on.

    Corona Impact on Salary Employees

    For the workers and employees receiving a salary, lost wages probably isn’t the first sign that an unemployment claim is imminent. Instead, I forsee salaried employees being asked to stay home, perform under different conditions, or take a paid leave of absence.

    For the salary employee who is told otherwise, then perhaps the cards are aligning for a layoff. If such is the case, future corona unemployment claims will hinge on whether the the layoff was today or sometime in the future. This sounds strange, so hear me out.

    Present and future layoffs his will get tricky because many workers and employees will get trapped by the shear emotion attached to industries getting destroyed.

    In unemployment world, a layoff comes when workers are told to go home. Leaving early before the ship sinks is usually a recipe for problems.

    Because every situation will be different, hopefully the majority of salary employees are able to acquire clear statements from their employer and affirm their layoff as a discharge.

    Mentally, very few people view a layoff as a discharge, but the distinction matter. This matters because of the term “discharge” and its application under Minnesota statute 268.095.

    5 Job Outcomes Due To the Corona Virus

    Corona unemployment claims are going to be tricky. In general, there are 5 likely outcomes:

    • Job loss due to lack of work
    • Claims as a result of unpaid wages
    • Employees who decide to quit,
    • Employers who play verbal games with their staff, and
    • Employees that remain employed.

    Unfortunately, there will be the problem of misrepresentation. Unemployment benefits get tied to taxes paid by employers. For this reason, there will be a percentage of claims tied to fabricated misconduct. Hopefully, this gets caught early on.

    In general, I like to see applicants complete their application for benefits with a specific purpose: helping Minnesota’s claim office to decide in favor of awarding benefits.

    Then, the name of the game turns to remaining eligible, assessing payments that delay awards, and seeking new employment opportunities.

    In the meantime, for those put in the position of filing an unemployment appeal impacted by the coronavirus, be proactive in your process.

  • Coronavirus Preparation 101

    Coronavirus or COVD-19 is serious. From an estate planning perspective, I encourage families, especially the young and old, to prepare for any outbreak, not just a #CoronavirusOutbreak 🤢. This goes for our frontlines too.

    ‪How Does One Prepare for A Global Virus?‬

    One’s health is most critical. For this reason, I like the idea of putting documents in place such that loved ones can act on my behalf. This starts with:

    • Updated Health Care Directives‬,
    • ‪HIPPA Authorizations‬,
    • ‪Durable POA, and
    • ‪Updating other relevant docs‬ like a Will, Trust, and transfer deeds.

    Coronavirus Frontlines

    Of course, preparation is critical for everybody. However, assisting one’s family to offer support starts with attention to our frontlines.

    This includes our:

    • Military
    • Health Care Providers
    • First Responders
    • Elderly
    • School Employees
    • Transportation Employees

    Be prepared and stay safe 🙏

  • Where is the SECURE Act?

    Where is the SECURE Act is trending on the internet. Why? Because finding the text to this new law is nearly impossible to find online.

    Even worse, the general public is left with editorial feedback on the rule change without having an accurate resource to read the law for themselves.

    Luckily, there is an answer.

    Finding the SECURE Act in Other Places

    Currently, a better way to find a copy of the SECURE Act is to review a congressional report called 165 Cong. Rec. H 10386.

    Another way of finding information about this update to our tax code is by looking at any of these federal reports:

    • H. Rept. 98-1159
    • Conf. Rept. 105-217
    • S. Rept. 114-79
    • H. Rept. 116-62
    • H. Rept. 116-78
    • H. Rept. 116-107
    • S. Rept. 116-126
    • H. Rept. 116-353

    As a reminder, this new law is a fancy way of saying our IRS rules and statues were updated.

    In the future, and hopefully sooner than later, everyone will be able to access an updated 26 U.S. Code 26, the chapter of laws devoted to the Internal Revenue Code, using free resources online. This will be significant for families and Eligible Designated Beneficiaries.

    Final Thoughts on Finding the Secure Act?

    In the meantime, the best way to find the SECURE Act is to utilize paid legal subscriptions.

    On the other hand, another option and a highly unutilized resources is visiting local law libraries open to the general public.

  • 6 Reasons why Christmas Layoffs are the Best Type of Layoff

    Christmas layoffs feel horrible, which is why I wanted to identify six reasons why things will not be as bad as you think.

    After grief, the step following a layoff is seeking unemployment benefits. If this is your first time approaching this problem, please consider these six points as you begin your search for employment.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Christmas Layoffs:  Best Time Reason #1

    If a job must end, being laid off is the best involuntary reason for work to end.

    Of course, when a job transition is blurred between a layoff, quit, or termination, this is generally where people seeking unemployment benefits make errors in their application process.

    That aside, when a worker with certainty experiences a Christmas layoff, generally speaking, that person has far more advantages from an unemployment perspective versus any other type of job loss.

    Part-Time: Reason #2

    The second reason being laid off during the holiday season is the best time for a layoff is given the opportunities for part-time work.

    Many people scoff at this.  After all, they want a full-time job.  However, the idea of adding part-time work to one’s job search process is intended to buying time. More on this in a second.

    But first, if you are an upper level manager or executive, perhaps you are now turned off by my reference to part-time employment. Part time jobs do not downgrade careers. And, nobody needs to know. That said, upper level employees encounter a different set of issues, which I discuss in other posts.

    Back to buying time.  What I mean is the process of finding part-time work with the intent of delaying the payment of benefits under Statute 268.085. 

    Why would a person want to do this?  Here are three reasons:

    • To get out of the house,
    • Building hope that benefits will not end after 6 months, and
    • Giving oneself a bigger window to find  the ideal full-time opportunity.

    Again, part-time work opportunities are abundant around the holidays versus the summer months.

    Over the last few years, the summer months generally see a higher unemployment rate than our winter months.  My source of truth stems from the seasonally adjusted unemployment statistics published by MN DEED.

    If this doesn’t convince you that the best layoff is a Christmas Layoff, then consider my third reason.

    Summer Job Seekers:  Reason #3

    Working with unemployed employees at all levels, it is my experience that summer layoffs are worse.  I believe this is the case because there are fewer opportunities for short-term or temporary jobs.

    Look, workers and employees who are able and willing, are going to find work.  The best job might not come along right away, but eventually, it must.

    Yes, the job search process at 45, 55, and 65 feels icky.  For that matter, the job search process at 25 and 35 feels icky too.  But, the job search process is not impossible.  Just different than the last time you were looking for a job.

    Even better, laid-off workers in Minnesota can collect unemployment benefits for 26 straight weeks.  When things get bad, our Government has the option to extend unemployment benefits even future. This isn’t guaranteed, but it helps.

    Because laid-off workers are required to wait one week before collecting, this puts most people in the month of June before benefits will end.  If my intuition is right, you are going to find a job long before June.  

    For those that disagree, might I suggest more positive thoughts. If this doesn’t convince you, then consider my fourth reason.

    Company Budgets:  Reason #4

    Most businesses and companies start over with their budget on January 1.  This generally means companies are firm on growth projections and needs.  In other words, new job postings are more likely to get posed in the new year.  Also, this means an unemployed worker is less likely to hear “we have a hiring freeze“.

    For the types of businesses that ramp up in the spring or summer, you are ahead of that curve too!

    If this doesn’t convince you, then consider my fifth reason.

    Taxes Start Over: Reason #5

    Collecting unemployment in January is better than collecting unemployment in October or November.

    On their own behalf, some of my past Clients take it upon themselves to set aside their own tax deductions.  When an applicant in Minnesota fills out their application for benefits, they will be asked whether they want taxes taken from their benefit.

    Of course, this is a personal choice and requires feedback from a tax professional.

    However, it is reassuring that the tax window for benefits after a Christmas layoff is pushed out a little further.  Combine this with the hope of landing a new job in the months to come, I view this as a positive.

    If this doesn’t convince you, then consider my sixth reason.

    Minnesota Unemployment: Reason #6

    On a week by week basis, Minnesota pays the second most in unemployment benefits.  In other words, I would rather be unemployed in Minnesota than 48 other States.

    If you are curious, Massachusetts pays the most.  If you have an hour, here is a cool website with additional UI data points.

    Final Christmas Layoff Thoughts

    I believe in Christmas Miracles.  You are one phone call from making things turn around. Whether your miracle comes this week, in four months, or thereafter, today is the goal.

    Nonetheless, I wish you and your family the very best during this holiday season.

  • Requests for Information: Unemployment Tip #17

    Requests for Information: Unemployment Tip #17

    Requests for Information from the unemployment office in Minnesota can feel repetitive. Like I was mentioning in Tip #001, this is an important topic.

    Applicants in Minnesota should rarely ignore duplicate requests for information. Here are a handful of thoughts and tips.

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    Repeat and Repeat

    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.

  • CLIMB Benefits Or Unemployment Contradiction?

    CLIMB is an unemployment program in Minnesota that supports dislocated workers. CLIMB is an acronym for Converting Layoffs Into Minnesota Businesses.

    Unfortunately, this program is incredibly new and contradicts unemployment statutes.

    As a result, MN’s CLIMB program is causing problems.

    CLIMB History

    First, a little history. Yes, CLIMB is new. Perhaps others will talk about this program as if it has been around since the beginning of time, but really, it hasn’t.

    Yes, there is more than a decade worth of bills and suggested legislation that has gone into this new rule.

    The rule that finally went into place stems from something called Sec. 116L.17.

    Details for the CLIMB Program

    Here is what the statute says:

    Converting layoffs into Minnesota businesses (CLIMB) is created to assist dislocated workers in starting or growing a business. CLIMB must offer entrepreneurial training, business consulting, and technical assistance to dislocated workers seeking to start or grow a business. The commissioner, in cooperation with local workforce councils, must provide the assistance in this subdivision by:

    (1) encouraging closer ties between the Small Business Development Center network, Small Business Development Center training providers, and workforce centers, as well as other dislocated worker program service providers; and

    (2) eliminating grantee performance data disincentives that would otherwise prevent enrollment of dislocated workers in entrepreneurship-related training.

    Really though, the program is in its infancy stage and feels a lot more like the wild wild west. Currently, the only case that even addresses the statute itself is Pernue v. Craigin Mach Shop. But, this case doesn’t help applicants navigate CLIMB.

    As a result, pinning down concrete guidelines versus the posted information found here might require additional appeals to Minnesota’s Court of Appeals.

    CLIMB Contradictions

    In my experience, workers trying to collect unemployment benefits sometimes find it difficult to meet eligibility conditions under Minn. Stat. 268.085.

    Minnesota’s Converting Layoffs Into Minnesota Businesses program has the potential of pushing applicants into problems with eligibility conditions. This is especially true when the program fails at offering clear guidelines.

    Unclear guidelines are inspiring audits. And, applicants are finding it necessary to appeal issues of concern.

    Appeal CLIMB Issues

    With most government program in Minnesota, decisions are appealable. Exactly how and when is the generally the issue.

    Right now, this law office is seeing issues being reviewed through the Unemployment Appeal Process. However, it would not be surprising if cases are eventually reviewed or pushed towards Minnesota’s Office of Administrative Hearings.

    In the meantime, applicants should be even more diligent than they normally might. This includes reading, recording, and saving everything. For those wishing to appeal, please consider contacting this law office.

  • Why Does the Unemployment Office Use Unclear Words?

    Why Does the Unemployment Office Use Unclear Words?

    The unemployment office uses words all day long. Some are described on their website. Other words are used in their letters, yellow envelopes, or by phone.

    Unfortunately, the words that get used are unclear because they encompass laws, rules, and statutes that most unemployed workers are not taking into consideration.

    Luckily, a prepared applicant seeking an appeal can help their own process by looking at other cases and examples. Generally, there isn’t going to be a perfect case just like the one being pursued.

    This shouldn’t be a surprise though. After all, everybody has a different story, a different boss, and usually a different employer cutting the check.

    What Does Unemployment Really Mean?

    When I am looking at words like employment misconduct or wages, I like the idea of turning to Minnesota’s Chapter 268.

    Minus experience, when I am trying to predict how a hearing might unfold, I start with Chapter 3310.

    Using decisions that have already been made can have a positive impact on a case. Luckily, there is a free search tool for this too. Have you heard of Google Scholar?

    Yes, every judge has a different style and every employer uses different strategies. Luckily, unemployed workers are resilient, tough, and ready for the road ahead.

  • Old Unemployment Claims From Years Ago

    Old Unemployment Claims From Years Ago

    Old unemployment claims in Minnesota still reveal their ugly head many years after the fact as an overpayment.  Here are three ways people are reminded of an old claim:

    • Wage Garnishment
    • Nasty Letters from DEED
    • Tax Return Recoupments
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    Another way old unemployment claims get brought up is that moment a couple or family begins the process of buying a home or seeking credit.  

    I believe the best approach of tackling an overpayment is by knowing one’s rights.

    Types of Old Unemployment Claims

    In general, there are two types of overpayments specific to unemployment benefits in Minnesota:

    1. An Overpayment because of Misrepresentation, and
    2. Everything Else

    The laws pertaining to an overpayment in Minnesota are different based on its classification or type.

    Unfortunately, the rules have changed many times in the last few years, which is past experiences may not always be right. As a result, I like the idea of reading and reviewing MN Statute 268.18.

    Are Old Overpayments Still Valid?

    The unemployment office gets claims wrong. Because everybody has a different story, each issue regarding validity is different too.

    I do not always trust the advice people are getting from outside resources. For this reason, I like the idea of doing an audit of available resources and applying the information to Unemployment’s statute of limitations.

    After all, asking for help from a 900 pound gorilla can sometimes be disastrous.

  • Unemployment’s New MN DEED Commissioner Is Who❓😱

    Unemployment’s New MN DEED Commissioner Is Who❓😱

    The new MN DEED Commissioner is Steve Grove. For the thousands of people seeking unemployment benefits, forget the name. Instead, remember the title.

    Amongst other duties, Minnesota’s “DEED Commissioner” manages the unemployment process. When considering an appeal, knowing the name of the new commissioner is less important than knowing when the job title can have a positive impact on one’s benefits.

    I challenge you to do a quick search. Do a word search of Chapter 268 (MN unemployment laws and statutes) and look for the term “commissioner“. As you will see, Minnesota’s unemployment laws references DEED’s commissioner nearly 300 times.

    DEED Commissioner is Steve Grove

    Even though the new MN DEED Commissioner is Steve Grove, I believe Applicants should focus more on their personal job search process than the political structure managing the process.

    Absolutely, appeal strategies change based application, evidence, and employer matters. However, focusing on the decision maker is less significant than the strategy supporting or reversing an ineligibility issue.

  • DEED’s Appeal Envelopes Are Yellow: Unemployment Tip #016

    DEED’s Appeal Envelopes Are Yellow: Unemployment Tip #016

    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.

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    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:

    • Notices
    • Application submissions,
    • Subpoena requests (when done right), and
    • 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.  

  • Salary for this Job Was What⁉️ Unemployed and Wondering 😲

    Salary for this Job Was What⁉️ Unemployed and Wondering 😲

    Wages and salary for unemployed workers matter, especially when seeking a job offer. On the other hand, not knowing what you are worth can be a problem.

    Even worse, the fear of remaining unemployed can cause job seekers to panic and take a low ball proposal.

    Knowing about the following information is extremely relevant to those anticipating a job offer or needing assistance in the negotiation process.

    For these reasons, a lot of people start searching for salary reports online. Some, pay for a specialized report because paying for a report specific to an industry or employer feels different.

    That said, I believe a lot of these same people are wasting their time, money, and energy because this information is free and even more importantly, unbiased.

    Salary For Minnesota Jobs?

    Before paying or subscribing to a bogus website about a salary for debate, check out these free resources:

    The reason I like the website previously mentioned is because it allows me to view wages and salaries for specific counties within Minnesota.

    Also, I can look at data specific to an occupation, industry, and firm size. Even more importantly for those who are unemployed or seeking benefits here in Minnesota, the reports are free and updated on a quarterly basis.

    Hourly Wage For MN Jobs?

    Let’s be real. Salaries and wages mean one thing: how much are you getting paid. Start by learning about “median“. No, not your shirt size, but a term used by those crunching numbers.

    To get things started, I recommend checking out data from this link and checking back:

    Although information from BLS is likely more detailed, it it isn’t updated nearly as often as Minnesota’s site. But, old news can sometimes be just as important as new news.

    Anyways, the easy way to think about an occupational wage median is to think of it as the middle. In other words, what are most people earning at a job similar to the one you are looking for?

    Of course, the hard way of thinking about your wage median is by looking here for Wikipedia answers.

    Again, the reason I am bringing this issue up is because unemployed workers need to be prepared for a job offer.

    Salary For Summary

    To summarize, I desperately want to see more unemployed people use the websites above to assist them in their job search process so they know how to response when a job offer comes through.

  • Public Information Gone Bad In An Unemployment Appeal

    Public Information Gone Bad In An Unemployment Appeal

    If you are unfamiliar with Minnesota rule 3310.2917, it suggests the following:  

    Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings”

    Public Information:  Bad Example

    Consider a case called Jezierski v. St. Mary’s/Duluth Clinic Health Sys. (Corp), No. A18-0104, 2018 Minn. App. Unpub. LEXIS 860 (Oct. 1, 2018).  

    As an attorney, I am constantly studying other cases.  It is very defeating when I see applicants, employees, and workers focused on winning versus making the right argument in favor of a claim.  

    When applicants file an unemployment appeal and a panel of judges offer their opinion, employees are at their mercy. In other words, their decision, is searchable.  This is true because there was an appeal to Minnesota’s second highest court.  And, employers are using public decisions to make longterm decisions.  

    If you put yourself in the employee’s shoes, would you have made a different decision about displaying public information?

    Winning vs. Appealing

    Presenting winning arguments and appealing to win are different.  This is even more true when a case has the potential of creating public information.  

    If you need help weighing the pros and cons of an appeal, then please consider reaching out for support.

  • Stop 🛑 Watching The Stock Market For A Recession 📉

    Stop 🛑 Watching The Stock Market For A Recession 📉

    Today, the stock market dropped.  Tomorrow, who knows.  Certainly, a lot of unemployed people looked at today’s news and panicked.

    Unemployment after after a layoff is not always a certain. That said, the intent of this post is to encourage those living in fear to pump the breaks.

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    As of the date of this post, the unemployment rate in Minnesota is 3.3%.  This is far better than any recent period, including the period of time between November 2000 and July 2007.

    Nonetheless, some people are reading way to many news articles that this is the end.

    Do not let today’s news prevent you from putting in the work for a new job.

    Consider this statement from our Bureau of Labor and Statistics:

    One of the most widely recognized indicators of a recession is higher unemployment rates. In December 2007, the national unemployment rate was 5.0 percent, and it had been at or below that rate for the previous 30 months. At the end of the recession, in June 2009, it was 9.5 percent. In the months after the recession, the unemployment rate peaked at 10.0 percent (in October 2009). Before this, the most recent months with unemployment rates over 10.0 percent were September 1982 through June 1983, during which time the unemployment rate peaked at 10.8 percent.“

    I bring this to your attention because we need a moral boost.  Today is not the end.

    For those who entered the workforce in the 1970s or 1980s, employees and workers are in a far better position today than the last 30 to 40 years.

    I understand the stress and the impact an unemployment appeal will have on your family.  On the other hand, do not let today’s stock market news impact your process.

  • EMACS Appeals for Unemployment Benefits 🖥: Unemployment Tip #015

    EMACS Appeals for Unemployment Benefits 🖥: Unemployment Tip #015

    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.

  • Subpoena Power For An Unemployment Appeal

    Subpoena Power For An Unemployment Appeal

    Subpoena power inside an unemployment claim is a real. Knowing how to use this power is just as important as following through.

    A long time ago, a local law publication posted my work about issuing a subpoena for documents and a witness. Unfortunately, their article and my work is locked behind a paywall that prevents unemployed persons from accessing it.

    So, here is an alternative.

    Two Types of Unemployment Subpoenas

    There are two types of subpoenas. They are not the same.

    The first power is the opportunity to collect paper, documents, media, video, online files, etc. from the opposing party. This is called a subpoena duces tecum. The second power is when one side forces a witness to testify. Both processes can be used as evidence.

    Applicants and Employers fail at utilizing this rule effectively because they didn’t apply all of the rule’s elements. For some, it feels like getting stuck in a spider’s web.  For others, getting stuck weakens their claim for benefits.

    Reviewing Minnesota rule 3310.2914 is extremely important when trying to weigh good evidence and the issue at hand.

    When Do You Apply this Power?

    Really, this type of request or action can be requested anytime before or during a hearing. Requesting this after a hearing is extremely difficult, but not impossible.

    A problem with requesting a subpoena is that one never knows what will be revealed. For example, imagine requesting a copy of a video that showed an error in judgement. But, everything you recalled suggested otherwise. Or, imagine asking for a copy of a personnel file that inadvertently produces a Personal Improvement Plan or Corrective Action Plan.

    Therefore, managing this unemployment power is critical to the reason for the appeal.

  • Quitting Your Job and Getting Unemployment

    Quitting Your Job and Getting Unemployment

    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.

  • Your Job Search While Unemployed

    Your Job Search While Unemployed

    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:

    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.

    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.

    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

  • Your Unemployment Closing Argument

    Your Unemployment Closing Argument

    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:

    • Identifies the issues being discussed,
    • Makes note of specific unemployment laws,
    • 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 Star Witness for an Unemployment Hearing was in the Mirror

    The Star Witness for an Unemployment Hearing was in the Mirror

    The star witness for every unemployment appeal hearing is always the applicant seeking benefits.  Unfortunately, looking into the mirror can be difficult to handle.  

    Before giving testimony that is unorganized, consider seeking help weighing the good from the bad.

    In the meantime, below are a few tips for an unemployment witness exhibiting the right credentials.

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    Star Witness Selection

    A lot of people pursuing an appeal for unemployment love the idea of playing Matlock.  Sorry to burst your bubble, but an unemployment hearing is hardly the place an applicant should be lining up punch lines to win over a jury.  

    First, there is no jury.  Second, the punch line needs to delivered far sooner than minutes before the phone appeal ends.

    When selecting the star witness, I like the idea of working to perfect verbal feedback offered as direct testimony.  Usually, this is the applicant.  After the applicant, there is everybody else.

    Witness Duds

    Including the employee who fighting for their benefits, a witness can quickly turn into a dud when they:

    • Fail to understand the goal of a hearing,
    • Act confuse,
    • Speak with fear,
    • Come across as overly confident,
    • Speculate,
    • Change tunes, or are
    • Aggressively adversarial with a Judge.

    Luckily, unemployment witnesses can change from dud to star with a little feedback, practice, and more practice.

    Witness Scope for an Unemployment Hearing

    How far or to what level a star witness should be prepared depends on the scope of the case.  Very often, a witness cannot speak to every fact or raised issue.  But, speaking to policies and first-hand accounts (even if limited) can be very powerful.

    Being Under Oath is a Rule

    As you might expect, people giving testimony at an unemployment hearing are under oath.  Despite this fact, many witnesses lie when they have an interest in the outcome of the case.

    For this reason, I like the idea of taking notes during a hearing when a lie is presented such that a witness or applicant can circle back and offer additional testimony to disprove a lie.

  • Hope for Unemployed Law Students Taking the Bar Exam

    Hope for Unemployed Law Students Taking the Bar Exam

    Taking the bar exam as an unemployed law student can be overwhelming when students are just trying to pass their test.   In my years, I have spoken with hundreds of law students experiencing this same process.

    Generally speaking, everybody has a different approach.  Today, I want to share a quick outline of a more effective strategy.

    Meet Mr. and Mrs. Bar Exam

    Bar Exam

    First, I like the idea of framing the bar exam as an achievable goal that will help students turn into future lawyers.  In other words, if passing the state law exam is my goal, I immediately create a wall, which will hurt if I run into it at full speed.  If the only reason to retain information is to dump it onto an exam, that student and exam taker will lose.   

    Instead, I like the idea of framing the bar exam as an opportunity to prepare myself for future clients.  The bar exam is no longer a thing, it is a person.  As a result, allow me to introduce you to Mr. and Mrs. Bar Exam.  They have children.  They have a business. They owe taxes.  They have a complex living arrangement.  They fell on the ice.  They are the victims of a crime.  They entered into an unconscionable contract.  And, they need your help.

    If you study each law exam topic as if you will need it to advise future clients, then every detail matters and my hope for you is that you will retain every detail.  The Bar Exam family need you, right now, to exhibit 100% effort so their legal issue can get resolved.

    Bar Exam and Your Calendar

    Second, the idea of circling the bar exam test dates on a calendar is an absolute joke.  Serving Mr. and Mrs. Bar Exam is a process that requires methodical planning.  The end date isn’t as important as the process of retaining information and serving the issues that get asked.

    Own the present.

    Historical Records Help You Serve Mr. and Mrs. Bar Exam

    This next point is going to blow your mind.  You live in an apartment down the road from your school, right?  Do you recall the first time your toilet plugged and you were fearful of toilet water hitting the floor?  For a brief second, that was scary, right?

    Well, the second time it happened it wasn’t as scary because you quickly realized how to overcome the issue, after all, it wasn’t your fault the landlord hadn’t replaced your apartment’s toilet parts in over 15 years.  In other words, your past experience helped you address a same or similar problem.

    Practicing law is problem-solving.  Past legal problems help lawyers serve present legal problems.  There are many ways to gain experience.  Two effective way include:

    • Time, and
    • Reading.

    Luckily, you have time to read.  I encourage all law students preparing themselves for a bar exam to read and work through practice problems.  I like the idea of using practice multiple choice questions because a student can cover a lot of ground in a short period of time.  One source of exam questions can come from here.

    Thus, the more you practice problems you work through, the better prepared you will be when Mr. and Mrs. Bar Exam ask for your help.

    Unemployed Law Student Taking the Bar Exam

    Of course, all of this is only worth your time and effort if you pass the exam.  Being unemployed is scary.  Being unemployed and failing the Exam is even scarier.  For me, the fear of failing was just as compelling as the strategy I addressed above.

    If that doesn’t work, then perhaps the Chinese Bamboo Tree is your saving grace.  Either way, I believe you are going to be successful at serving Mr. and Mrs. Bar Exam.

    If during this process you are audited by an employment agency or are offered a non-compete contract, please reach out.  In the meantime, keep working hard.

  • Unemployment Rate Trick Questions

    Unemployment Rate Trick Questions

    The news about the unemployment rate shouldn’t impact an appeal, but it does.  In case you missed it, supposedly the unemployment rate dropped to another low rate, like it had in other years. For many of my Clients, this does nothing to help with an appeal.  In fact, it can make matters worse.

    Each year seams to create different application question or other issues of significance. This is usually based on cases heard by Minnesota’s Court of Appeals. As a result, every applicant should be on guard for trick questions that ultimately impact their eligibility for unemployment benefits.

    Below, I will address these tricks and the pink elephant.

    Impacts On Unemployment Appeals

    No, the unemployment rate does not impact DEED or unemployment law judges on how they should decide a claim. Instead, it is a term of art.

    The term “unemployed” is an economic principle that means a person wants a job, but they do not have a job.  People who do not want a job are not considered unemployed.

    When the rate of unemployed workers gets to high, our government (Minnesota and Federal) have the opportunity to extend benefits. We saw this in 2007, 2008, and again during the Covid Pandemic.

    In other words, instead of getting unemployment for 26 weeks, people can sometimes receive benefits for 52 weeks (or more).  When this happens, it can cause lots of audits, appeals, and overpayment issues.

    Unemployment Rate Stress

    The unemployment rate cannot impact whether you apply for a job. Instead, the rate of our unemployed tells us more about wage negotiations. This is true for both a high unemployment rate versus a low rate.

    In other words, refrain from allowing your job search process to be impacted by UI stats expressed in the news. For those that allow this to seep into their process, this can be detrimental and raise eligibility and job search issues.

    Yes, being unemployed stinks.  But, a new job or a job to help us land a more ideal job is right around the corner. This means that we sometimes need to seek out a job versus a new career. The new career can come later.

    Unemployment Trickery

    Let’s address the pink elephant in the unemployment office. Every time an Applicant communicates with a representative at the unemployment office (phone person, work force center, judge, etc.), they risk their benefits.  Why would this be?

    Minnesota has a long list of eligibility conditions.  These conditions are tricky. Many of these conditions are found at Minnesota rule 268.085. Others are found elsewhere.

    For example, imagine talking with the unemployment office and being asked about a job search, which eventually leads to “how many jobs have you applied for?”

    Before applicants answer questions embedded or hidden, view all communications as an extension of your application, I like the idea of b

  • Unemployment Stress: Tip #013

    Unemployment Stress: Tip #013

    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.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    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.   

  • When Health Problems Impact Your Appeal Hearing

    When Health Problems Impact Your Appeal Hearing

    Health problems that even so slightly impair our ability to communicate or think clearly are burdensome to an appeal.  On one hand, you want to bring a strong case.  On the other, you are having difficulties describing the facts because you are overwhelmed by your health.

    In my practice, I hang my hat on what people say and feel.  All attorneys helping others with an unemployment issue must find ways to support those suffering from health problems.

    When health problems impact our ability to communicate with a Judge or an administrator, and the administrative law judge relied on our tainted feedback, applicants can breath new life into their case by raising specific legal issues.

    Laws Supporting Health Issues

    The first rule that stands out is due process.  Due process is as simple as getting a fair opportunity to share your story.  When the opportunity is minimized by one’s health, then there is a breach in due process.

    Sometimes, people use fancy words like being prejudiced or making reference to the US Constitution.  But, let’s skip the formalities and stay focused on the appeal for benefits: when an appeal goes bad because of health problems, people have rights.

    Health Problems and the Hearing

    As you would guess, one of the strongest ways to describe a health problem after the fact is using a doctor’s note or letter.  After all, they are helping you with your ailment or condition.

    Because connecting the dots can be somewhat tricky when there is a lapse in time between care from a doctor and an appeal hearing, showing a history of health issues can be the next best thing.

    The situation that is most difficult is when a person failed to seek help and they do not have a documented history of seeking care.

    Types of Health Problems that Impact an Appeal

    The sky is the limit on the types of issues people experience.  While some are overwhelmed with anxiety, others can be impacted by a toothache or medication.   Again, the key is a health issue that puts us under duress or reduces or abilities to make sound decisions.

    When our health concerns are documented and clarified by a doctor, this can be a very important step towards a second chance with an appeal.

    Thus, do not be ashamed, embarrassed, or something in-between.  Instead, get help.

  • Another Article About Unemployment Request Reconsideration Minnesota

    Another Article About Unemployment Request Reconsideration Minnesota

    An unemployment request reconsideration Minnesota style is more than a fancy term. This type of an appeal means either a person or employer wants their unemployment case re-reviewed.

    Generally, the party who lost the phone hearing asks an unemployment law judge to re-reviewed the case.

    This is such an important topic, I devoted an entire page to this issue here. Otherwise, here are a few more thoughts.

    What is the Goal for this type of Appeal?

    There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.

    • Goal 1: Reverse the Unemployment Decision;
    • Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).

    What Does a Request for Reconsideration Look Like?

    First, both the Applicant and Employer can file a request for reconsideration on-line.  Filing this type of an appeal online limits you to a small box to write information in.  As a result, it is hardly ideal to file a request for reconsideration on-line.

    On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.  In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.

    Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.

    As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.

    Who Reviews the Request After it is Filed?

    In most cases, an unemployment request for reconsideration in Minnesota is reviewed by the same Unemployment Law Judge that reviewed your unemployment phone appeal.  However, there are exceptions.

    Changing the Unemployment Request for Reconsideration

    The likelihood of a request for reconsideration in Minnesota being granted in your favor depends on legal arguments, whether this includes a reference to Minnesota laws, case law, or other legal doctrines. That said, there are strict deadlines that the parties and Minnesota Department of Employment and Economic Development must follow.

    What are the Results for an Unemployment Request for Reconsideration?

    After an unemployment request reconsideration Minnesota is filed, there are three potential outcomes:

    1. The Unemployment Law Judge reverses the original decision;
    2. The Unemployment Law Judge grants another phone appeal (Level I); or
    3. The ULJ denies the request and the losing party must consider appealing to Minnesota’s Court of Appeals.

    When should an Unemployment Request for Reconsideration in Minnesota be filed?

    Time is not on your side.  Because research will likely be involved and Minnesota law mandates the filing of a request for reconsideration within a specific period of time, consider seeking help or drafting your reconsideration ASAP.

    That being said, do not file your Request for Reconsideration and seek help thereafter.  Instead, consider seeking help before you file such that you do not waive certain rights.

    Additionally, time is of the essence because you will need time tracking down documents, exhibits, or witnesses to help reverse the decision.

    Is an Unemployment Request for Reconsideration in Minnesota necessary?

    According to the unemployment laws in Minnesota, the losing party in an appeal for unemployment benefits must, as a predicate to appealing the matter to the Minnesota Court of Appeals, seeking a request for reconsideration from the Unemployment Law Judge’s (ULJ) determination.

    In other words, failing to file a timely request for reconsideration in Minnesota can be detrimental to the person or employer seeks an appeal from the Minnesota Court of Appeals.

    If the other party files an Unemployment Request for Reconsideration in Minnesota, should you file one too?

    If you do not stand up for yourself, nobody else will.  It is critical for you to respond to a request for reconsideration is filed by the other party.  This is true for both employers and applicants seeking benefits.  Otherwise, the Unemployment Law Judge may reverse their decision because you failed to respond accordingly.

    On the other hand, there are certainly reasons why a party should NOT respond to a Request for Reconsideration.  For help making this decision, please contact this law office for help.

    Who can help you with an Unemployment Request for Reconsideration in Minnesota?

    If you are considering an unemployment request for reconsideration in Minnesota, please consider contacting an unemployment lawyer for help.  As you proceed through the appeal process, your rights related to unemployment benefits become more complicated.

    Thus, the sooner you seek help – the more time you are giving others who can search for past legal decisions which may support your case.

  • Social Media at Work Got Me Fired

    Social Media at Work Got Me Fired

    Social media access on your work computer is a no-no because very little good can become of it.  For employees doing research after getting reprimanded or discharged, looking backward is the name of the game.

    On the other hand, if you are doing research to see if it is permissible or not, I am in favor of avoiding this conflict altogether.  In fact, avoid all log-in websites.  This includes:

    • Web browsers (Bing and Chrome accounts),
    • Third-party e-mail,
    • Facebook,
    • E-vites,
    • Personal bank accounts,
    • Fantasy sports,
    • Newspapers, and
    • Anything else.

    Why?  Because what good will it do and why can’t you use your personal cell phone away from your workspace?  Nonetheless, let’s examine what an employee might expect when being fired for online issues.

    Unemployment and Fired for Social Media Usage

    Being fired for internet issues and seeking unemployment benefits is an unexplored area of law.  For the purposes of this section of my post, I will focus on using social media while working versus getting fired for words or expressions made using a social account.  In general,  there are a handful of quality arguments in favor of acquiring unemployment benefits:

    • Usage was permitted,
    • Other employees are doing the same,
    • Time used was limited or rare,
    • The employer failed at offering a warning,
    • Accessing an account was inadvertent, and
    • There was a good faith error.

    There are many other reasons and each situation will be different.  Even better, positive results are achievable.

    Evidence for Unemployment Cases Involving Social Media

    When somebody contacts me about getting fired due to a social media issue, I like the idea of requesting a specific reason for the termination or discharge by using Minnesota statute 181.933.

    Also, I like the idea of seeking a copy of one’s personnel file and the employer’s expressed policy on internet usage.

    Fired for Nonwork Activities

    For the camp of folks who get reprimanded or lose their job because of a social media post, again, this is a very new area of the law.  As a result, there isn’t necessarily a legal precedent workers and employees can turn to for support.

    That said, I foresee people having an easier time with a case when a post is socially acceptable, unrelated to an occupational requirement, and avoids a conflict of interest or loyalty owed to an employer.  Again though, this type of situation is going to be different for every person and employer.

    Social Media and Final Thoughts

    Social media is a wonderful tool, but it can cause problems too.  Because I am seeing more and more of these types of situations, the lines are less blurry than years past.  But if given the chance, err on the side of being cautious.

  • Online Benefit Account: Tip #012

    Online Benefit Account: Tip #012

    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.  

  • Unemployment Tip # 011 – Unemployment Research

    Unemployment Tip # 011 – Unemployment Research

    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.

    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.

  • Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed and Scared of the Employer’s Big Bad Law Firm

    Unemployed workers are scared, and I know it.  Very few people wanted their job to end.  For those that quit their job, the process of appealing benefits can be just as difficult.  So far, nothing new.

    However, when the other side hires a big bad law firm to fight your appeal, it can send some folks into a spiral of anxiety.  On a human level, I try to do everything in my power to help people overcome these fears by:

    • Outlining Options and
    • Keeping them Informed.

    Perhaps this will help.  Except for seasonal workers, most people encounter the unemployment system once or twice in a lifetime, maybe never.  As a result, being scared is normal, if not the general rule.

    Scared of the Big Bad Law Firm

    Take comfort in your story and your situation.  The process of proving an unemployment claim does not hinge on the other side’s attorney.  The applicant’s story, whether an employee, worker, executive, or otherwise is the most significant piece to the puzzle.

    Yes, strategies might change slightly.  But, facts are facts.  What makes the process somewhat difficult are the lies that appear as facts.  When this happens, applicants seeking benefits need to hold the line and identify exactly where the employer’s story went wrong.

    Attorney for Attorney

    No, just because an employer hired a big bad law firm, this doesn’t mean applicants are stuck, hopeless, or on the verge of getting squashed like a banana.  In my experience, unemployed workers need every dollar they have to support their transition from no job to a new job.  But, meeting with an attorney makes sense when:

    • Folks want to know if they have a strong argument,
    • Learning how to turn a bad case into a good case,
    • Identifying key facts,
    • Picking pieces of evidence,
    • Familiarizing oneself with the process and how to strike first, and
    • Peace of mind.

    Again, an attorney is not for everybody, yet there are other people who desperately need one-on-one assistance.  Ultimately though, it is a personal choice.

    Unemployment Fears Go Away

    Browsing the web for answers is stressful.  But, I believe those unemployed fears can go away or lessen.  Fear of an appeal becomes less and less when employees verbalize their reasoning and are prepared for the difficult question.

    The actual fear of being unemployed goes away when workers find ways to get out of their home (volunteer, part-time work, etc.) and when a full-time job is within one’s grasp.

    In case you need a reminder, that next phone call or e-mail with a job offer could literally be minutes away.  I wish you the best.

  • Do you get Unemployment on Presidents Day in Minnesota?

    Unemployment on Presidents Day is a fun holiday, right?

    No, this is one of the worst days of the year for most unemployed workers because:

    • Financial insinuations are closed,
    • HR departments for financial institutions are closed too,
    • Applicants applying for Federal and State jobs will not be contacted on Presidents Day, and
    • Acquiring monetary funds from a second resource is next to impossible.

    On the other hand, the holiday itself should not impact unemployment benefits.

    Unemployment on Presidents Day: Why is it Tricky?

    Again, benefits are tricky because our banks and mail systems are closed.

    For this reason, applicants wishing to collect or receive benefits will be limited to the process of requesting benefits versus receiving benefits.

    Unemployment on Presidents Day: Online Account

    Yes, applicants should be able to request their benefits online.  As you know, applicants are limited to a Monday through Friday system that limits access from 6 am to 6 pm.

    *** TIP:  Take the Application Questions Seriously ***

    Even though I believe accounts should be available 24/7, the holiday will not prevent people from accessing their accounts.

    Unemployment on Presidents Day: Phone Support

    No, applicants wishing to connect with an unemployment representative by phone will not be able to talk with somebody until Tuesday.

    Unemployment on Presidents Day: Appeals

    Folks looking to appeal unemployment benefits are encouraged to approach a holiday with critical care.  For one, deadlines are significant.  Second, our mail system is closed.

    On the other hand, sending an appeal by fax might be a strong alternative in addition to filing an appeal online.

    Unemployment on Presidents Day:  What To Do?

    I encourage folks to use Presidents Day to look for jobs in the private sector.  The holiday will not impact your job search and submission process.

    Even though unemployment on Presidents Day is problematic, the goal of seeking work or being available for work is still a valid goal.

  • Unemployment Rules and Alphabet Soup

    Unemployment Rules and Alphabet Soup

    Unemployment rules or alphabet soup?  In case this is your first time conducting research on unemployment laws and statutes in Minnesota, it is important to know what you are doing when searching for administrative laws.

    In Minnesota, the unemployment office is governed by a specific set of rules and a specific set of laws.

    Laws and rules are not the same.  Even worse, the unemployment office is 1 of 104 different government agencies in Minnesota.  Unfortunately, each agency has a different set of rules.

    Now, I bring this to your attention for one reason:  accessing the right rule will make a world of difference.

    Unemployment Rules and 103 Other MN Agencies

    Abstracters Board
    Accountancy Board
    Administration Department
    Administrative Hearings Office
    Administrative Hearings Office and Labor and Industry Department
    Agricultural and Economic Development Board
    Agriculture Department
    Animal Health Board
    Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design Board
    Arts Board
    Arts Education, Perpich Center For
    Assessors Board
    Attorney General Office
    Barber Examiners Board
    Behavioral Health and Therapy Board
    Boxing Board
    Boxing Commission
    Cable Communications Board
    Campaign Finance and Public Disclosure Board
    Capitol Area Architectural and Planning Board
    Chiropractic Examiners Board
    Combative Sports Commission
    Commerce Department
    Community Colleges State Board
    Corrections Department
    Corrections Department and Human Services Department
    Cosmetologist Examiners Board
    Crime Victims Reparations Board
    Dentistry Board
    Designer Selection State Board
    Dietetics and Nutrition Practice Board
    Economic Security Department
    Education Department
    Education State Board
    Electricity Board
    Emergency Medical Services Regulatory Board
    Emergency Response Commission
    Employee Relations Department
    Employment and Economic Development Department
    Energy and Economic Development Authority
    Energy and Economic Development Department
    Environmental Quality Board
    Ethical Practices Board
    Export Finance Authority
    Gambling Control Board
    Health Department
    Health Department and Pollution Control Agency
    Health Licensing Boards
    High Pressure Piping Systems Board
    Higher Education Office of Minnesota
    Housing Finance Agency
    Human Rights Department
    Human Services Department
    Indian Affairs Council
    Labor and Industry Department
    Labor and Industry Department and Public Safety Department
    Lottery, State
    MNsure/Minnesota Health Insurance Exchange
    Management and Budget Department
    Marriage and Family Therapy Board
    Mediation Services Bureau
    Medical Practice Board
    Mental Health Practice Office
    Metropolitan Council
    Minnesota State Retirement System
    Natural Resources Department
    Nursing Board
    Nursing Home Administrators Examiners Board
    Optometry Board
    Pardons Board
    Peace Officer Standards and Training Board
    Pharmacy Board
    Physical Therapy Board
    Pipeline Saftey Office
    Plumbing Board
    Podiatry Board
    Pollution Control Agency
    Private Detective and Protective Agent Services Board
    Psychology Board
    Public Employees Retirement Association
    Public Employment Relations Board
    Public Facilities Authority
    Public Safety Department
    Public Service Department
    Public Utilities Commission
    Racing Commission
    Revenue Department
    Rural Finance Authority
    Secretary of State
    Sentencing Guidelines Commission
    Social Work Board
    State University Board
    Tax Court
    Tax Court
    Teaching Board
    Technical Colleges State Board
    Trade and Economic Development Department
    Transportation Department
    Urban Initiative Board
    Veterans Affairs Department
    Veterinary Medicine Board
    Water and Soil Resources Board
    Workers’ Compensation Court of Appeals
    Zoological Board
  • Unemployment Tip # 010 – Two Reconsideration Goals

    Unemployment Tip # 010 – Two Reconsideration Goals

    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:

    • Outlines factual errors,
    • Constitutional violations,
    • Errors of law, statutes, and rules
    • Procedural mistakes, and
    • Evidentiary issues.

    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.

  • Can You Get Unemployment on MLK Day?

    MLK day is difficult for unemployed workers.  Figuring out how to manage benefits on this day is equally difficult.  Thus, here are a few quick points on Minnesota benefits:

    • Yes, applicants should be able to request benefits online; and
    • Contacting DEED’s customer service department will be impossible.

    Unemployment on MLK Day: Online Account

    Yes, applicants should be able to request benefits online.  As you know, applicants are limited to strange time limits. I do not have an answer for you on why DEED’s account system is available on Sundays and not Saturdays.

    That said, take their application questions seriously.

    Unemployment Support by Phone

    No, applicants wishing to connect with an unemployment representative by phone will not be able to talk with somebody until Tuesday. Because Minnesota DEED makes mistakes, consider using this time researching and exploring matters on your own behalf.

    Appealing Unemployment on MLK Day

    Folks looking to appeal unemployment benefits are encouraged to approach any holiday with critical care. Holidays impact unemployment deadlines. And, deadlines can be very unforgiving.

    On the other hand, sending an appeal by fax might be a strong alternative. The best rule when confronting an unemployment deadline is verify, track, and perfect the appeal under multiple forms (fax, online, mail, etc.).

    Unemployment on MLK Day:  What To Do?

    Use the day to your advantage. First, celebrate the holiday. Second, continue planning your job search. Third, use the day to research matters related to your claim.

    Even though unemployment on MLK Day causes confusion, the goal of seeking work or being available for work is still relevant.

  • My Unemployment Base Period in MN was Wrong

    My Unemployment Base Period in MN was Wrong

    What is your unemployment Base Period in MN and what does it mean?

    An Unemployment Base Period is used to calculate how much in benefits a person will receive on a weekly basis.

    Basically, DEED (the unemployment office in Minnesota) reviews the last four completed calendar quarters of wages.  The more money a person made in the last 4 quarters, the more in benefits a person will be eligible for.

    Because the statute is so darn complicated, DEED gets these types of calculations wrong.  Also, employers fail at reporting wages and indirectly cause problems for applicants seeking benefits.

    Thus, appealing an unemployment base period error can be worth it.

    Unemployment Base Period:  Pinpoint Reasons

    In my practice, I see employees focus way to much time on their base period when instead, they should focus on their appeal for eligibility.

    Other times, I see people overwhelmed with appeal issues and completely forget about the wages impacting their benefits.

    So you know, an Unemployment Base Period in MN can change for a number of reasons.  Some of the most common reasons include commission schedules, injuries, and leaves of absences.

    Calculate Your Base Period

    In Minnesota, here is the most common method for determining a base period.

    • If you become unemployed between February 1 and March 31, the Unemployment Base Period is January 1 through December 31 
    • (of the previous year).
    • If you become unemployed between May 1 and June 30, the base period is April 1 through March 31.
    • If you become unemployed between August 1 and September 30, the Unemployment Base Period in MN is July 1 through June 30.
    • If you become unemployed between November 1 and December 31, the Unemployment Base Period in MN is October 1 through September 30.

    UI Base Period Final Thoughts

    As you can see, this issue is extremely tricky and bares certain risks that may inadvertently initiate an audit or instigate an appeal.

    Again, check out Minnesota statute 268.035 and be very prudent with the exchange of paperwork or evidence, because DEED and employers make mistakes.

    I wish you the very best.

  • Job Offers Cause Unemployment Problems

    Job Offers Cause Unemployment Problems

    Unsuitable job offers can hurt unemployed workers in Minnesota.  Money, salary, and wages make a job offer prone to an audit.

    When employers and temp agencies hide the details of an offer, this makes reviewing suitable offers versus the unemployment rule, job seekers get stuck.

    Thus, let’s take a quick look at this issue.

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    Job Offers:  Pigs Get Fed

    If you have ever watched Wall Street pundits or hung around a pig farmer, you likely have heard the phrase pigs get fed, hogs get slaughtered.  

    Applying this saying to an unemployed worker, it might appear they should jump at the first job offer.  But, what if the job offer is ridiculously low?

    Well, a lot of folks end up seeking advisement on rule 268.085, subdivision 13c, which is actually quite long. Basically, it says a worker is ineligible for benefits if they reject a reasonable “suitable employment” offer for work.

    As you can probably guess, what is suitable or reasonable for some, might not be suitable or reasonable for others.  In no particular order, here are a few factors to consider:

    • How long has one been unemployed
    • The size of one’s labor market
    • Commute length
    • Shift work
    • Previous jobs or careers
    • Past wages, salary, commissions, etc.
    • Difference in pay compared to job history
    • Occupation
    • Contract terms

    Again, this is a very subjective list and it will be different for nearly everybody.

    Job Offers:  Hogs Get Slaughtered

    Absolutely I believe the process of being unemployed can turn into an even better opportunity for executives, managers, union workers, hourly workers, part-time workers, and everybody in-between.  

    But, hogs have a tendency of getting slaughtered, when waiting for pie-in-the-sky job offers.

    For some, the risks and penalties identified by case law and Minnesota unemployment statute 268.085 outweigh the rewards.  

    Again, this is a case by case situation because it requires a deep understanding of unemployment misrepresentation versus a business risk.

    Job Offers:  Appeal Issues

    From my perspective, I want to help folks remain eligible.  Being ineligible or taxed with an overpayment makes being unemployed even more difficult than it already is.  

    Here are a few more issues every applicant should be prepared for:

    • Engaging the reason(s) for becoming unemployed.

    In my profession, I see small problems turn into big problems because people respond horribly to questionnaires and judges.  Thus, please be prudent and versus rolling the dice.

  • Unemployment Misrepresentation Is Looking Different

    Unemployment Misrepresentation Is Looking Different

    Unemployment misrepresentation is the new unemployment fraud.  If you are new to either of these phrases, let me explain.

    Prior to the year 2017, the unemployment office made a distinction between fraud and non fraud overpayments.  As of the date of this post, the unemployment office (or DEED) is now using the phrase “misrepresentation” to impose scare tactics and crazy monetary penalties.

    Luckily, people are seeking help to identify how they should proceed with an overpayment, audit, or accused of unemployment misrepresentation.

    New Law for Unemployment Misrepresentation

    Really, the law is edited versus new.  Minnesota’s unemployment office has been using the rules to attach ridiculous penalties for a long time.  Here is what Minnesota statute 268.18 says right now:

    An applicant has committed misrepresentation if the applicant is overpaid unemployment benefits by making a false statement or representation without a good faith belief as to the correctness of the statement or representation

    In my experience, I found the 2016 law more advantageous for Applicants.  Really, the issue for the majority of people impacted by this law will be figuring out when a decision (whether from DEED or an unemployment law judge) became final.

    For some, the old rule still applies.  For many others, the new law will be more impactful.  Thus, it is worth the effort to have a case reviewed.

    Unemployment Misrepresentation Penalties

    For those who have dealt with unemployment misrepresentation or fraud before, one can quickly see that Minnesota still charges a 40% penalty.  In other words, if DEED claims a person was overpaid $100 dollars in benefits, they will be charged $140 dollars.

    To make matters even worse, Applicants are at risk of criminal penalties, administrative penalties, additional interest, and levies.

    I agree their 40% penalty is unfair and it might even breach usury laws outlined in the Christian Bible.  But, focusing one’s time on finding a way to remove the misrepresentation claim is going to be more productive.

    Where Do Most Misrepresentation Cases Start?

    There isn’t one specific area.  But, a lot of unemployment misrepresentation claims start from an audit or overpayment case.  Usually, these types of issues being with a questionnaire.

    Unfortunately, everybody is at risk of being audited.  Here are a few popular issues:

    Proving Unemployment Misrepresentation

    When an applicant or worker is unprepared, the State of Minnesota has the upper hand.  Luckily, if an Applicant understands what they are trying to accomplish, I believe a lot of people can turn a bad outcome into a good outcome.

    For those willing to take the time, literally, every detail needs to be explored.  This means scrutinizing why a job ended, the application for benefits process, and each week of benefits sought.

    For those needing help, please contact me directly.

  • For People Scared of a MN Unemployment Appeal [Updated]

    For People Scared of a MN Unemployment Appeal [Updated]

    Applicants who fear the MN Unemployment Appeal process are usually scared for three reasons:

    • They have never done this before,
    • Afraid of getting in trouble, or
    • Making ends meet.

    Even if all three apply to your specific situation, I believe taking this process in steps is the best process.  For the jobless, a phone call could happen any minute.  For people who are scared, let us start from the beginning.  And, for those experiencing an economic hardship, stay positive.

    That aside, unemployment benefits in Minnesota is a maze.  You have enough experience to know that most mazes can be solved by starting at the end and working backward.  Thus, lets quickly review five potential ends and see where it takes us.

    MN Unemployment Appeal – Level 0:  Application

    The first level is the application process.  Everybody starts here.  Unfortunately, a lot of people can mess this up before their claim gets going.

    Also, I believe it is a bad idea to ask the unemployment office for help.  I know they mean well, but it isn’t an accident that their mistakes turn into my cases.

    Because all benefits start with an application, I call this Level 0.

    MN Unemployment Appeal – Level I:  Phone Appeal

    When an application gets denied or an employer claims benefits should not be awarded, a Level 1 appeal is the second step.  Upon appealing a denied application, a meeting is set up such that people can talk to an unemployment law judge.

    Even though this type of appeal is conducted by phone, do not let this fool you.  The Level I Phone Appeal is the most critical level because it impacts every level going forward.

    Why is this true?  Well, the more levels you work through, the more difficult it becomes for people to use evidence or testimony to your advantage.  Also, if you do not raise a specific legal issue during the Level I process, it will become increasingly difficult to raise an issue down the road.

    For example, say a person is confused whether or not they should state whether they were fired from a job or quit.  Well, this is an issue that needs to be thought through so you can identify your offensive and defensive strategy.  If done incorrectly, an applicant might jeopardize their whole case.

    MN Unemployment Appeal – Level II:  Request for Reconsideration

    The losing party (applicant or employer) from a Phone Appeal can appeal their case a second time.

    The second type of MN Unemployment Appeal is called a Request for Reconsideration.

    A Level II appeal is different from a Level I appeal in the sense that it is mostly paperwork.  An MN Unemployment Appeal under Level I involves testimony.  However, a Level II appeal is limited to written communication between you and the assigned unemployment law judge.  For this reason, a Level II appeal is paperwork.

    MN Unemployment Appeal – Level III:  Minnesota Court of Appeals

    The third type of MN Unemployment Appeal is an appeal to the Minnesota Court of Appeals.  This type of appeal is not as expensive as you might think.

    Instead, it is the time that it takes for this element of the process to finish which is most surprising.

    An Employer or business is required to be represented by an attorney when heard by this Court.  On the other hand, an  Applicant can represent themselves Pro Se.

    MN Unemployment Appeal – Level IV:  Minnesota Supreme Court

    The fourth type of MN Unemployment Appeal is an appeal to the Minnesota Supreme Court.  Generally, very few cases make it to this level.  Because this law office has sought relief for unemployment claims by way of the Minnesota Supreme Court, this level should be approached with even more care than those expressed above.

    The difference between a Level III appeal and a Level IV appeal is the fact the Minnesota Supreme Court charges a court fee.  Unlike Level III, an attorney is required when seeking an MN Unemployment Appeal before the Minnesota Supreme Court.

    Where to go for help with an MN Unemployment Appeal?

    Regardless which level you need help with, remember the rules governing the MN unemployment appeal process are different depending on whether you are the Applicant or the Employer.  

    I wish you the very best.

  • Back Pay: Unemployment Tip # 009

    Back Pay: Unemployment Tip # 009

    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.

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    Other Laws Use the Term Back Pay Too

    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.

  • Unemployment Overpayments Are Going Up

    Unemployment Overpayments Are Going Up

    Unemployment overpayments in Minnesota are no joke.  In the year 2016, Minnesota had a huge problem with overpayments to the tune of $79 million dollars. In 2025, this problem jumped to over $300 million dollars.

    Hard to believe, right?  

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    For those confronted by an overpayment appeal, time is of the essence.  If you are in need of feedback, please consider this brief outline of the unemployment appeal process.

  • Denied Unemployment for 34 Jobs

    Denied Unemployment for 34 Jobs

    Getting denied unemployment benefits calls for an appeal.  Unfortunately, there are 34 jobs that always get denied because Minnesota views them as “noncovered employment“.

    When the issue presents its self, I believe workers, employees, and executives should always argue why their job is “covered employment”. Nonetheless, here are 34 jobs that typically get denied unemployment benefits until proven otherwise:

    List of Denied Jobs for Unemployment

    This list comes from a poorly drafted Minnesota law. Luckily, Minnesota has other laws that favor awarding benefits. Nonetheless, here are a few areas that cause problems:

    (1) Employment for the United States government or an instrumentality thereof, including military service;

    (2) Employment for a state, other than Minnesota, or a political subdivision or instrumentality thereof;

    (3) Employment for a foreign government;

    (4) Employment covered under the Federal Railroad Unemployment Insurance Act;

    (5) Employment for a church or convention or association of churches, or a nonprofit organization operated primarily for religious purposes that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

    (6) Employment for an elementary or secondary school with a curriculum that includes religious education that is operated by a church, a convention or association of churches, or a nonprofit organization that is operated, supervised, controlled, or principally supported by a church or convention or association of churches;

    (7) Employment for Minnesota or a political subdivision, or a nonprofit organization, of a duly ordained or licensed minister of a church in the exercise of a ministry or by a member of a religious order in the exercise of duties required by the order;

    (8) Employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving rehabilitation of “sheltered” work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or a program providing “sheltered” work for individuals who because of an impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. This clause applies only to services performed in a facility certified by the Rehabilitation Services Branch of the department or in a day training or habilitation program licensed by the Department of Human Services;

    (9) Employment for Minnesota or a political subdivision, or a nonprofit organization, of an individual receiving work relief or work training as part of an unemployment work relief or work training program financed in whole or in part by any federal agency or an agency of a state or political subdivision thereof. This clause does not apply to programs that require unemployment benefit coverage for the participants;

    (10) Employment for Minnesota or a political subdivision, as an elected official, a member of a legislative body, or a member of the judiciary;

    (11) Employment as a member of the Minnesota National Guard or Air National Guard;

    (12) Employment for Minnesota or a political subdivision, or instrumentality thereof, of an individual serving on a temporary basis in case of fire, flood, tornado, or similar emergency;

    (13) Employment as an election official or election worker for Minnesota or a political subdivision, if the compensation for that employment was less than $1,000 in a calendar year;

    (14) Employment for Minnesota that is a major policy-making or advisory position in the unclassified service;

    (15) Employment for Minnesota in an unclassified position established under section 43A.08, subdivision 1a;

    (16) Employment for a political subdivision of Minnesota that is a nontenured major policymaking or advisory position;

    (17) Domestic employment in a private household, local college club, or local chapter of a college fraternity or sorority, if the wages paid in any calendar quarter in either the current or prior calendar year to all individuals in domestic employment totaled less than $1,000.

    (18) Employment of an individual by a son, daughter, or spouse, and employment of a child under the age of 18 by the child’s father or mother;

    (19) Employment of an inmate of a custodial or penal institution;

    (20) Employment for a school, college, or university, by a student who is enrolled and whose primary relation to the school, college, or university is as a student. This does not include an individual whose primary relation to the school, college, or university is as an employee who also takes courses;

    (21) Employment of an individual who is enrolled as a student in a full-time program at a nonprofit or public educational institution that maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, taken for credit at the institution, that combines academic instruction with work experience, if the employment is an integral part of the program, and the institution has so certified to the employer, except that this clause does not apply to employment in a program established for or on behalf of an employer or group of employers;

    (22) Employment of university, college, or professional school students in an internship or other training programs with the city of St. Paul or the city of Minneapolis under Laws 1990, chapter 570, article 6, section 3;

    (23) Employment for a hospital by a patient of the hospital. “Hospital” means an institution that has been licensed by the Department of Health as a hospital;

    (24) Employment as a student nurse for a hospital or a nurses’ training school by an individual who is enrolled and is regularly attending classes in an accredited nurses’ training school;

    (25) Employment as an intern for a hospital by an individual who has completed a four-year course in an accredited medical school;

    (26) Employment as an insurance salesperson, by other than a corporate officer, if all the wages from the employment is solely by way of commission. The word “insurance” includes an annuity and an optional annuity;

    (27) Employment as an officer of a township mutual insurance company or farmer’s mutual insurance company under chapter 67A;

    (28) Employment of a corporate officer, if the officer directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer corporation, and employment of a member of a limited liability company, if the member directly or indirectly, including through a subsidiary or holding company, owns 25 percent or more of the employer limited liability company;

    (29) Employment as a real estate salesperson, other than a corporate officer, if all the wages from the employment is solely by way of commission;

    (30) Employment as a direct seller as defined in United States Code, title 26, section 3508;

    (31) Employment of an individual under the age of 18 in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

    (32) Casual employment performed for an individual, other than domestic employment under clause (17), that does not promote or advance that employer’s trade or business;

    (33) Employment in “agricultural employment” unless it is “covered agricultural employment” under subdivision 11; or

    (34) If employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment. “Pay period” means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.

    Denied Unemployment for Noncovered Jobs

    If you were denied unemployment because of a non-covered job, please reaching out for support.

  • Wages: Unemployment Tip #009

    Wages: Unemployment Tip #009

    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”  

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    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.

  • Appealing An Unemployment Claim With Snake Oil

    Appealing An Unemployment Claim With Snake Oil

    Snake oil is a medical term that means of little value.  In other words, a treatment that offers little value is viewed as snake oil.

    Likewise, I use the term snake oil when I hear unemployment appeal strategies unsupported by a sound legal rule or principal.  Unfortunately, thinking we are right is snake oil.  Pointing to a rule under Chapter 268 that supports a specific event is much more effective process.

    Snake Oil:  Unemployment Sources

    Unfortunately, we can find many sources of unemployment snake oil.  This includes spouses, siblings, friends, parents and former co-workers.

    Look, most people in our life want the very bests for us.  Sometimes, this means agreeing with an anecdote supported by love versus sound rules of law.

    Snake Oil and Being Objective

    Most folks who contact me about an unemployment issue are trying to figure out whether they have a case.  I agree with this strategy.  Determining whether a claim is valid or invalid means finding a rule that supports an event.

    Sometimes, selecting a legal strategy is easy.  Although it can be difficult to share with another person that Minnesota’s unemployment laws do not support a discharge, determining whether a person has other options, like finding another way to become eligible for benefits, brings me great satisfaction.

    Thus, one of my many jobs is to offer objective advisement.  Please avoid drinking snake oil and contact me directly.

  • Employment Misconduct in Minnesota Means Just About Anything

    Employment Misconduct in Minnesota Means Just About Anything

    Employment misconduct is a phrase used with unemployment benefits in Minnesota.  As you will see, it can mean just about anything. As a result, how events are described is a critical takeaway for applicants to consider.

    In my experience, workers, employees, managers and executives focus way to much energy on why they didn’t do anything wrong versus what they did right.   Focusing on what an applicant or employee did right is sometimes a very strong strategy when trying to win an appeal for benefits.

    Because misconduct in an employment setting is a phrase used by people who do not understand it, I prefer to focus on what isn’t employment misconduct.

    Even more importantly, there are 10 things that are not employment misconduct.  In other words, if a person in MN gets fired or discharged because their actions can be defined as so, then very likely, that same person is on the right track for benefits.

    Unfortunately, there are thousands of cases (or a legal precedent) that define this list of 10.  Knowing this list is important.  Knowing how Minnesota further defines this list is even more important.

    None the less, I want to introduce these ten things because they can help inspire a successful appeal for unemployment benefits.

    Employment Misconduct – The List of 10

    Here are the 10 things, in no particular order,  that are not considered employment misconduct:

    1. Medical or Mental health Issues
    2. Inadvertence
    3. Unsatisfactory Conduct
    4. Reasonableness
    5. Inability
    6. Good Faith
    7. Absence because of an Illness
    8. Absence because of a Family Member
    9. Chemical Dependency
    10. Domestic Abuse

    Fired Because of Medical issues

    Generally, a person who is fired from their job because their work was impacted by a medical or mental health issue can become eligible for unemployment benefits.

    Of course, every medical and mental health issue is not treated the same.  For this reason, this issue usually requires a nexus between the health issue and the event(s) that led up to the employee’s termination.

    Also, a lot of applicants incorrectly identify this issue and end up disqualifying themselves because their future work is impacted by a medical issue too.  Again, this is a complicated term.

    Inadvertence is Not Employment Misconduct

    The term inadvertence means something different to nearly every employer.  In my experience, the priority of expectations will usually be the number one contributing factor to a challenge due to inadvertence.

    As you might expect, an argument in favor of inadvertence isn’t the strongest approach, but it can work because the law supports it.

    Employment Misconduct in MN doesn’t include Unsatisfactory Work

    A lot of folks think work satisfaction is production based.  In other words, if I produce something and my employer doesn’t like it, I must have produced unsatisfactory work.

    Wrong.  Unsatisfactory work has nothing to do with production and everything to do with expectations.  This means a worker, employee, executive or whomever needs to identify an expectation and prove how it was exceeded.

    Unfortunately, a lot of applicants become frustrated when their employers lie about expectations.  For this reason, finding tangible evidence can become increasingly important.

    Acted Reasonable is Not Employment Misconduct

    I cringe when folks talk to me about reasonableness because they usually have no idea that acting reasonable requires specific examples of past interactions or supporting a specific thought process.

    Saying an event was reasonable usually doesn’t stick until the event is compared to past events or past experiences with other staff, customers, or situations.

    Nonetheless, showing why an action was done in a reasonable manner can have a very powerful outcome for folks appealing their unemployment benefits.

    Inability is Not Employment Misconduct

    Like I mentioned above, the term employment misconduct is defined by thousands of court cases.  In my experience, inability can mean a number of things:  lack of skill, lack of training, lack of understanding and work overload.

    Sometimes, applicants confuse inability with indifference or a lack of attention.  Nonetheless, this is one of the ten ways a person can prove why they should be eligible for benefits in Minnesota.

    Getting Fired When Acting in Good Faith

    Good faith and reasonableness have a lot in common.  If worker can outline a specific process and back it up with experience, expertise, knowledge or valid communications, then this issue becomes less complicated.

    On the other hand, acting in good faith while using poor judgment can create problems for applicants appealing their unemployment claim.

    Is Being Absent from Work, Employment Misconduct?

    The difference between being absent from work and abandoning one’s job is huge.  As you might expect, employers need to keep their business running.  When they cannot depend on a person or a person does not show up for work, employers are often left with little choice.

    But, just because an employer doesn’t have a choice, doesn’t mean a worker is automatically ineligible for unemployment.

    Instead, when employees can prove bad luck, acts of God or an event that the employee did not have control over, then folks have a promising case.

    But, communication is key.  Calling into work and sharing bad news, bad luck, etc. always looks good.  Certainly, I have seen plenty of people who have had such bad luck, they didn’t have access to a phone or cell phone.  Yes, even in modern times, people are unable to reach a phone.

    Fired for Drugs or Alcohol

    The employment misconduct rules in Minnesota are very supportive of folks with drug and alcohol issues.  Where drugs and alcohol turn into a problem for ineligible is when a worker is required to drive or use heavy equipment.  Again though, there are many legal theories around this too.

    Domestic Abuse is Not Employment Misconduct

    A long, long, time ago, I had a Client who was discharged because they were injured from a domestic abuse situation.  What made their case troublesome was the fact they were unwilling to talk about it openly and they were afraid to seek help from the police.

    In my experience, this is more often the rule than the exception.   Sometimes, workers can use the medical and mental health issue referenced above to assist their cause without risking their own safety.  Other times, this isn’t possible.

    For those needing help with this issue or any issue listed above, I like the idea of making sure a person is comfortable with the process before proceeding.

    Appealing Employment Misconduct

    Yes, seeking an appeal is worth the effort.  If you are appealing unemployment benefits after being told in a letter that the unemployment office thinks your actions were employment misconduct, please contact me directly.

  • Phone Appeal Hearing: Tip #008

    Phone Appeal Hearing: Tip #008

    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.

  • Unemployment Luck: Tip #007

    Unemployment Luck: Tip #007

    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.

  • Interview for the Unemployed, Tips and Thoughts

    Interview for the Unemployed, Tips and Thoughts

    An interview for the unemployed is stressful.  Answering questions about a job loss makes this process even more difficult.   This is especially true when a person does not know how to classify the events that led up to their job ending.

    Because most folks who contact me are unemployed, I am very familiar with this type of anxiety.

    Being Scared about the Unemployment Label

    No, I do not think workers should be scared of referring to their job loss as a lay off.  Really, what alternative do we have?  It happened and now we need to move on, right?  On the other hand, we cannot make the situation worse by falling for a trap.

    For one, a layoff and getting fired is practically the same thing.  The distinction people get stuck on, are the words and events that led to their job ending.

    Whether an employer is honest or they stretch the truth to avoid unemployment taxes imposed by Minnesota, is not a problem or issue a person should bring to their next interview and job.  Please read on, for more tips.

    Interview For the Unemployed Worker:  Resume

    Personally, I like to see people focusing more on their skills and talents within a cover letter, resume or application than a negative.

    First, time and space is of the essence.  Second, the interview process is likely the better venue for discussing a job loss.  Third, a person gets hired based on their talents.  You already know this, but I will say it always: focus on your positive attributes instead.

    Applications for Unemployed Workers in Minnesota

    Surprisingly, I meet with a lot of people who cannot wait to fill out a job application and use their past employer as a reference or summarize a storyline that led to their job ending.  Don’t do this!

    Would a divorced person encourage a potential date to ask their ex-souse questions about a past marriage?  Of course not!  Your divorced?  Ok, lets move on.  Likewise, I believe the same is true for folks filling out applications and work past the unemployment process.

    That said, a person who is divorced shouldn’t lie about being married.  And, job applications shouldn’t lie about having a past job.

    The trick is keeping it simple.  In my experience, a lot of employees, workers, managers or whatever, are able to state with a clear conscious that their job ended because they were laid off.  Period.  When the situation is more complicated, I think seeking help is highly encouraged.

    Unemployed Workers Getting Interviewed

    Every person who has suffered a recent job loss (quitting or otherwise) should take their unemployment benefits seriously to assist in their transition.  After that, focus on acquiring an interview.

    The difference between a bad interview and a great interview is preparation.  Unfortunately, unemployed workers are failing at the interview question about their job loss.  Sometimes, future employers use “why do you want this job” as another way of asking about your job loss.  Do not fall for this trap.

    Luckily, you read this article and contacted me directly.  Limiting an answer to a lay-off is so much easier than talking about a bunch of events which only a significant other and an attorney should know about.  Perhaps you agree.

    Either way, I wish you the very best.

  • Evidence for Unemployment: Tip #006

    Evidence for Unemployment: Tip #006

    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.”  

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    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:

    • An employee handbook,
    • Job posters,
    • History of other employees in a similar position,
    • Positive performance reviews, etc.

    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: Unemployment Tip #005

    Quit or Discharge: Unemployment Tip #005

    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.

  • Unemployment Tip for Covered Employment Appeals

    Unemployment Tip for Covered Employment Appeals

    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.

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    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.

  • 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.