Unemployment Rights in Minnesota?

Unemployment Rights in MinnesotaWhat are your unemployment rights in Minnesota?  This is a popular question asked by those seeking help with their application for benefits or a denied claim.  Thus, from the very beginning, meaning starting with your initial application and your weekly request thereafter, pretend you will be denied and take nothing for granted.

That said, you certainly have rights, which include but are certainly NOT limited to only the rights talked about below.

Instead, the intent of this article is to explore Minnesota law 268.192 which is titled “protection of rights” versus talking about the countless rules applicable to a typical unemployment claim.

Waive Unemployment Benefits

First, Minnesota law states a worker cannot “waive” or “release” a claim for benefits.  This means any agreement you sign that suggests you are waiving your right to unemployment benefits is an unenforceable agreement.  BUT WAIT, THIS DOESN’T MEAN YOU SHOULDN’T BE VERY CAUTIOUS!

If you are asked to sign a contract or employment agreement, please go out of your way and have it reviewed by a lawyer.  Although it is true you cannot waive your right to unemployment in Minnesota, certainly agreeing that a specific event occurred or took place can harm if not prevent you from collecting unemployment.

Thus, the moral of the story is be very careful what you are signing.  Just because you cannot technically waive your right to unemployment benefits, does not mean you cannot harm your ability to collect benefits by signing something you shouldn’t.  On the other hand, if you already signed something, take a deep breath and contact a lawyer such that your specific situation can be reviewed.

Employer Agrees they will Not Contest Unemployment

Second, your unemployment rights in Minnesota, under rule 268.192, state an employer cannot bargain with you or give you something in exchange of not contesting your claim for benefits.

This right is complicated, but it can be summarized as follows.  An agreement between you and your employer which says something like “if you quit, we will not contest your unemployment” or “if you withdraw your appeal, we will say you should get unemployment” doesn’t fly in Minnesota.  In other words, if your employer says they will not contest your right to unemployment benefits, doing so will have no impact on whether you do or do not collect unemployment.

Do you have MN Unemployment Rights?

Yes, you have rights when you are seeking benefits in Minnesota but you do not have an exclusive right to unemployment just because your employer says you will get benefits once you apply.  The only party or entity that can tell you whole heartily that you will receive unemployment benefits is the Unemployment Office.

Sometimes this occurs immediately after filing for benefits and sometimes a person needs to appeal their rights.  None the less, never believe your employer if they suggest your right to unemployment will be guaranteed upon ending your employment and never sign a piece of paper that suggests this.

Therefore, if you are trying to determine what rights you have as you appeal or apply for unemployment benefits in Minnesota, please consider contacting an unemployment lawyer for help.