There are 4, maybe 5 types of unemployment appeals. Each type or situation has a different set of rules, goals and procedures. In my experience, half the battle is identifying a rule that supports each case, and using facts or evidence to help the judge decide in the Applicant’s favor.
Some people find value in my process while others call me after they lost three to many times.
Thus, I wanted to offer a short post on the different types or levels.
Unemployment Appeals: Level 0
In my experience, way to many people forget about level 0. I call the application process level 0.
Although Level 0 isn’t technically an appeal, I think every applicant and employee should treat their application as if they will eventually appeal a denied claim. Wether intentional or not, a lot of people can hurt their case by sharing the wrong information with Minnesota’s unemployment office.
Unemployment Appeals: Level 1
Level 1 is the process of offering testimony to an unemployment law judge. Although this process is usually conducted by phone, this level requires respect because it i judged by a preponderance of evidence.
Also, Level 1 is the best opportunity for seeking a subpoena if required.
Unemployment Appeals: Level 2
Level 2 or the second type of appeal is called a Request for Reconsideration. Unfortunately, a reconsideration is limited to words on paper.
Because the second type of unemployment appeal is not conducted by phone, taking time to draft quality responses to the legal issues assigned to an unemployment appeal can offer a lot of value.
Unemployment Appeals: Level 3
The third type of unemployment appeal is reviewed by Minnesota’s Court of Appeals. I wish it wasn’t so, but this type of appeal is very tricky because it requires filing specific documents with a Court.
Unemployment Appeals: Level 4
The last type of appeal for unemployment benefits is an appeal to Minnesota’s Supreme Court. I call this a Level 4 Appeal.
Although most folks never ask the Supreme Court to review their case, I think it is worth mentioning to highlight the significance of the application process referenced above.