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:
- The Unemployment Law Judge reverses the original decision;
- The Unemployment Law Judge grants another phone appeal (Level I); or
- 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.
How Can An Unemployment Lawyer Help?
Attorney Jasper Berg