The process for an unemployment appeal Minnesota depends on where you are in the process. This law office defines the process for an unemployment appeal Minnesota in four parts or levels. Each level is different and is described below.
On the other hand, if you do not know where you are in this process described below, please consider seeking help immediately due to time restrictions imposed by Minnesota law.
Unemployment Appeal Minnesota – Level I: Phone Appeal
Generally, a Level I appeal is conducted by phone.
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. Also, if you do not raise a particular issue, Minnesota law supports the defense that your issue can never be raised again. Although there are legal reasons why this should not be true, this issue needs to be handled with caution.
Unemployment Appeal Minnesota – Level II: Request for Reconsideration
The second type of an Unemployment Appeal Minnesota is a process called a Request for Reconsideration. This law office refers to this type of an appeal as a Level II appeal.
This type of appeal is only allowed at the conclusion of a Level I appeal. Also, this process is generally available to the party who lost the Level I Phone Appeal. A Level II appeal is important because it is your last chance to reverse or file an unemployment appeal Minnesota before being required to seek a Level III appeal.
Because the next type of appeal can take a long time from start to finish, a Level II Request for Reconsideration can be an effective way to reverse your case, provided you meet the deadline imposed by Statute.
Unemployment Appeal Minnesota – Level III: Minnesota Court of Appeals
The third type of Unemployment Appeal Minnesota 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 Clients find most surprising.
Generally, you should consider an attorney for a Level III appeal. First, 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. However, if your arguments didn’t work in the past, consider having your case reviewed by a professional who has experience with unemployment issues before engaging in this element of the Unemployment Appeal Minnesota process.
Unemployment Appeal Minnesota – Level IV: Minnesota Supreme Court
The fourth type of Unemployment Appeal Minnesota 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 to the Minnesota Supreme Court, this level should be viewed with care.
Generally, unemployment cases are rarely heard by the Minnesota Supreme Court because there is a court fee. Unlike Level III, an attorney is required when seeking an Unemployment Appeal Minnesota before the Minnesota Supreme Court.
Concluding Points about an Unemployment Appeal Minnesota
Regardless which level you are involved with, the rules that govern an unemployment appeal in Minnesota fall under Minnesota Chapter 268. Once the Department of Employment and Economic Development (“DEED”) collects answers to an on-line questionnaire filled out by an Applicant and an Employer, DEED will make a determination of whether or not the Applicant is eligible for unemployment benefits. Upon receiving notice of this determination, the losing party can being the appeal process.
Appeals for unemployment benefits in Minnesota are reviewed by unemployment law judges. Because unemployment law judges have the same powers as other Minnesota Judges, the process for an unemployment appeal should be approached with caution. This is because the Minnesota rules of evidence, Minnesota rules of general practice, and the Minnesota rules of civil procedure apply to an appeal for unemployment.
In Minnesota, filing an unemployment appeal is different for each Level described above. For this reason, an appeal for unemployment benefits should be viewed with care and fortitude.
Where to go for help with an Unemployment Appeal Minnesota?
If you need help with any level or related process described above, please contact this law office for help.