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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.
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.
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.
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.
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.
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.
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 look small, but they can have lasting impacts on a claim for benefits.
For example, being unable to request benefits through the DEED website can cause a person to loose hundreds of dollars. Other times, there are identify issues.
If you have an appeal and it is somehow linked to a problem with the a MN Unemployment Login, you found the right place.
Before logging into a benefit account, realize that every screen and question is designed by Minnesota’s Unemployment Insurance Office.
In other words, applications, questionnaires, and appeals must be scrutinized.
Proving Your Unemployment Identify
Proving your identify to the unemployment office is not as easy as it might appear. As I shared within Unemployment Tip #012, your online benefit account is important. Unfortunately, the unemployment office uses social security numbers to deceiver between accounts.
In my experience, the unemployment office can confuse accounts with other people. This in itself can be a reason to seek an appeal.
After Logging Into Your Unemployment Account
After logging into your account for the first time, the unemployment website will push you onto applications, questionnaires, and related links.
When applying for unemployment benefits, it is crucial to carefully read and understand every question on the application. Each question is designed to gather specific information that can impact your eligibility.
Misunderstanding or overlooking a question may lead to incorrect responses, which can result in a denial of benefits or delays in receiving them. More importantly, any discrepancies between your application and your statements during an appeal hearing can harm your credibility and weaken a claim.
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.
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.
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.
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.
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.
An unemployment audit in Minnesota is really any question asked by the unemployment office. Unfortunately, every question can introduce other problems and traps.
Because questions from auditors and Minnesota DEED may turn into a bigger legal matter or appeal, take their audit review process seriously.
An unemployment audit is initiated through the Minnesota Department of Employment and Economic Development (“DEED”). For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.
Biggest risk from an Unemployment Audit in Minnesota?
The biggest risks of an audit includes monetary penalties, being accused of misrepresentation or a crime, and kickstarting an audit from another government agency.
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.
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.
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.
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.
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.
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.
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.
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.
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